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SCHOOL CIVICS 


AN OUTLINE STUDY OF THE ORIGIN AND DE¬ 
VELOPMENT OF GOVERNMENT AND THE 
DEVELOPMENT OF POLITICAL 
INSTITUTIONS IN THE 
UNITED STATES 


BY 


FRANK DAVID BOYNTON 

SUPERINTENDENT OF SCHOOLS, ITHACA, NEW YORK 


What we seek is a reign of law, based upon 
the consent of the governed and sustained by 
the organized opinion of mankind. 

Woodrow Wilson, July 4, 1918 


REVISED EDITION 


GINN AND COMPANY 


BOSTON • NEW YORK • CHICAGO • LONDON 
ATLANTA • DALLAS • COLUMBUS • SAN FRANCISCO 



COPYRIGHT, 1904, 1916, 1919, BY 
FRANK DAVID BOYNTON 

ALL RIGHTS RESERVED 
519.6 


« 

* «■ 


«• 




ICbc gtbcnaum 3ireg< 

GINN AND COMPANY • PRO- 
PRIETORS • BOSTON • U.S.A. 


©CI.Ar)‘>95«.‘! 




FOREWORD 


The Constitution of the United States, "and the laws of 
the United States which shall be made in pursuance thereof; 
and all treaties made, or which shall be made, under the au¬ 
thority of the United States, shall be the supreme law of the 
land ; and the judges in every State shall be bound thereby, 
anything in the constitution or laws of any State to the 
contrary notwithstanding. The senators and representatives 
before mentioned, and the members of the several State Leg¬ 
islatures, and all executive and judicial officers, both of the 
United States and of the several States, shall be bound by 
oath or affirmation to support " the Constitution of the United 
States. Thus the framers of the federal government made 
it clear that the government which they were organizing 
was paramount. 

It is sometimes stated that the federal government is so 
remote from the individual in his daily round of duties that 
a knowledge of his relation to it is less important than a 
knowledge of his relation to state, county, and local govern¬ 
ments. Such statements are misleading. Through tariff 
laws the federal government may and does place a tax 
upon almost every article of food, clothing, and shelter, 
thus taking a daily toll from the wage of the most obscure 
individual in the remotest cottage. It may place and has 
placed a tax upon bank checks, express receipts, telegrarns, 
amusement tickets, and all forms of legal paper. The 
federal government controls the postal system, which lies at 
the foundation of all business, and it may declare any street, 


VI 


SCHOOL CIVICS 


road, railroad, trolley line, or steamship line a post road. 
During the World War it took over the railroads, telegraph 
and telephone lines, shipyards, and many other industries 
and operated them for its own advantage. Its power over inter¬ 
state commerce gives it control in times of peace over 
railroads and water routes between states, and the present 
tendency is to increase federal power. It coins our money 
and establishes our weights and measures, thus entering 
into the most minute details of business routine. It may 
send and has sent troops into a state to enforce federal 
laws. It may enter any home and take the father, son, 
brother, or husband to serve in the army or navy against 
the country’s enemies; it has done this. 

While I was writing this paragraph a uniformed federal 
officer visited my home. He brings my mail twice daily. 
There are many such officials permanently located in my 
city, upon federal property costing thousands of dollars. 
They perform a like service in the rural districts. My state 
never sent an officer to my home; it owns no property in 
my city. In a study of the lesser units, each an important 
part of the general whole, do not forget the far-reaching 
and fundamental power of our benevolent and ever-helpful 
Uncle Sam. Our first duty is to him. Discourage the 
Bolshevik brand of statesmanship which looks after the 
interests of the ward or district and sacrifices those of 
the nation and the state. 

"School Civics" tells the story of our government in 
a manner interesting to the average pupil in our grammar 
and high schools. The story is told as it was made. It 
shows clearly the relation of our government to earlier 
forms, and follows it through its various struggles from 
a few unassociated bands of colonists to its present dignity 
as the world’s greatest republic and power. 


FOREWORD 


vii 

The text of this book is sufficiently full to prepare pupils 
for college-entrance and teachers’ examinations. Where 
libraries are accessible it is recommended that pupils look 
up some of the references on each chapter, in order that 
they may become acquainted with various views and thus 
gain a broader knowledge than any one book can give. 
The questions for study and debate have been selected with 
care from all available sources. The bibliography is merely 
suggestive, designed to be a reliable guide to pupils and 
schools desiring to enrich their libraries upon this subject. 

The chapters on Municipal Law, Politics and Political 
Parties, International Law, and Comparison of National 
Governments, while somewhat of a departure in a textbook 
on civics, are fully warranted by the growing importance of 
these matters. 

This edition retains those features of the first edition which 
have made the book popular in many states. In addition 
may be found discussions of the initiative and referendum, 
commission government and the city manager, the impor¬ 
tance of the county as a unit of local government, the direct 
election of United States senators, the Federal Judiciary Act 
of 1911, Federal Trade Commission, federal reserve banks, 
reorganization of cabinet departments, army reorganization, 
welfare legislation, the Sixteenth, Seventeenth, and Eight¬ 
eenth amendments, a revision of the chapter questions, the 
introduction of present-day problems as matters for debate, 
the placing of emphasis upon the action as well as upon 
the form of government, a study of the tendencies that 
make for further orderly changes in our form of govern¬ 
ment, copious illustrations of government in action, and 
many other features. 

The author has made use of the suggestions made by 
teachers in nearly every state of the Union whose pupils 


SCHOOL CIVICS 


viii 

are using many thousands of copies of his books. In a 
large sense teachers and pupils have labored together with 
the author in producing a book of striking loyalty to the 
American ideal of goverjiment, stanch in its fmdameiital 
teaching of patriotism. This book upholds the principle of 
government by law, not by public opinion until that opinion 
is enacted into law by the duly chosen representatives of 
the people. Laws should be changed by orderly and well- 
defined methods to meet changing conditions, but they must 
be sufficiently fixed and definite at any time to deal with any 
given case. Representative government based upon a free 
and ftdl electorate caii get whatever kind of ad^nmistration 
the majority desires. Judged by the general welfare of its 
people, it is the most successful form of government known 
to history. 


THE AUTHOR 


CONTENTS 


PAGE 

Bibliography .xix 

CHAPTER 

I. Government: its Origin, Necessity, Object, and 

Function . i 

Definition. Origin of the State : Primitive Man already Social. 
Primitive Societies : our Knowledge Imperfect. Definition of 
"State.” Original-Lawgiver Theory. Divine-Right Theory. 
Contract Theory. Later Theories Historical. Force Theory. 
Kinship Theory. Summary. Government. Definitions. An¬ 
archy Impracticable. Government Necessary. Government: 
its Object. Government and Individual Rights. Classification 
of Rights. Government: its Functions. Taxing Power. 
Eminent Domain. Civics: its Meaning. Civics: its Nature 
and Importance 

11 . Different Forms of Government .i6 

Variety of Forms. Aristotle’s Classification. Inapplicable 
to Modern State. Applicable to Earlier Forms. New Classi¬ 
fication Necessary. What is Sovereignty.? The Unitary 
State. The Confederation. The Federal State. Further 
Classifications. Absolute Monarchy. Limited Monarchy. 

Pure Democracy. Representative Democracy. Representa¬ 
tion. Constitutional Government: Origin. The Written 
Constitution. The Unwritten Constitution. Rigid and Flex¬ 
ible Constitutions. What is the Best Form of Government.? 
Centralization. Decentralization 

III. Colonial Government in America : its Origin and 

Development.32 

Introductory. Charter Government. Proprietary Government. 

Royal Province. Governmental Similarity in the Colonies. 
Change from Colonies to States. The Early State Govern¬ 
ments. Local Government: the Town. The Parish. The Town 
in New England. The Town Meeting. The County: its Origin. 


ix 





X 


SCHOOL CIVICS 


CHAPTER PAGE 

The Shire becomes the County. Adoption of the County in 
America. The Virginia County. New England adopts the 
County. The Hundred; the Manor. The English Parish. 

The Parish in Virginia. The Mixed System 

IV. Attempts at Union (1643-1777).46 

Reluctance to Unite. Influences favoring Union. Disinte¬ 
grating Forces. The New England Confederacy. The Con¬ 
federacy a Step toward Union. Albany Congress. Franklin’s 
Plan. Stamp Act Congress. Work of the Congress. Com¬ 
mittees of Correspondence. The First Continental Congress. 

A Union Formed. The Second Continental Congress 

V. The Articles of Confederation (1781-1789) ... 57 

Need of a Legal Basis for the Union. Drafting and Adoption 
of Articles. Delay in Ratification. Character of the Govern¬ 
ment Established. Powers of Congress. Other Provisions. 
Defects of the Articles. Framers not Unconscious of 
Defects 

VI. The Constitution ; its Formation and Adoption . 63 

Condition of Affairs under the Articles of Confederation. 
Attitude of the States. The Feeling between the States. The 
General Government Helpless. Suggestions for Amendment. 
Origin of the Constitutional Convention. The Annapolis 
Convention. The Constitutional Convention. Influence of 
Washington. Hamilton and Madison. Franklin. Other prom- 
. inent Delegates. Work of the Convention. Difficulty of the 
Task. Plans Submitted. The First Great Compromise. The 
Second Great Compromise. The Third Great Compromise. 
Ratification. Struggle over Ratification. Establishment of 
the New Government 

VII. The Constitution : its Origin and Nature ... 79 

Its Origin. Origin of Special Provisions. Suggestions from 
the States. Its Nature Different from the British Constitu¬ 
tion. Different from the Confederation. Growth of Nation¬ 
ality. Relation between the States and the Union. Depart¬ 
ments of Government. Stability of the Constitution 




CONTENTS 


XI 


CHAPTER 

VIII. Legislative Department: its Organization. . . 

The Two Houses. Number of Members. The Suffrage. 
Qualifications of Representatives. Exclusion of Members- 
Elect. Length of Term. Elections. Gerrymandering. Rep¬ 
resentatives at Large. Vacancies. Election Expenses. 
The House : Officers. Method of Choice. The Senate : its 
Origin and Character. The Senate : Constitutional Provi¬ 
sions. The Senate: Objects Aimed at. Election of Sen¬ 
ators. Movement toward Direct Election by the People. 
Seventeenth Amendment and Direct Election. The 
Senate : its Officers. Privileges of Members of Congress. 
Disabilities. Sessions of Congress. Quorum. Procedure. 
Adjournment. Comparison with Congress of the Con¬ 
federation 

IX. LegesLAT ivE Department : its Powers and Limi¬ 
tations . 

The Taxing Power. Taxes: Classification. Indirect Taxes : 
Duties. The Tariff. Excises. Collection of Taxes. The 
Power to Borrow. Money : its History. Power of Coinage. 
United States Money. Counterfeiting. Power to Regulate 
Commerce. P'oreign Commerce. Interstate Commerce. 
Anti-Trust Law. Bankruptcy Laws. Piracy. Weights and 
Measures. War Powers. Declaration of War. Armies. The 
Regular Army. The Militia. The Navy. Military Law and 
Courts. Letters of Marque and Reprisal: Captures. Military 
Property. Miscellaneous Powers: Naturalization. Natural¬ 
ization Laws. Postal Service. Copyrights and Patents. The 
National Capital. District of Columbia: its Government. 
Government of Territories. Organized and Unorganized 
Territories. Territories: a New Classification. Power to 
Establish Courts. The Elastic Clause. Special Powers of 
Each House. The House : Revenue Bills. The House: 
Impeachment. The House: Presidential Election. The 
Senate: Executive Powers. The Senate: Working of 
These Powers. The Senate: Judicial Function. Limitations 
upon Congress: Taxation. Commerce. Appropriations. 
Other Restrictions: Habeas Corpus. Bills of attainder: 
Ex Post Facto Laws. Titles of Nobility 


P.AGE 

88 


III 



SCHOOL CIVICS 


CHAPTER PAGE 

X. Legislative Department ; its Working ....150 

The Senate Chamber. Chamber of the House. Character 
of Members. Methods of Legislation. Stages of a House 
Bill. The Committee System. The Committees. Power of 
the Committee. Reporting Bills. Logrolling. Filibustering. 
Methods of Voting. Restraint of Filibustering. Closure of 
Debate. Advantages and Disadvantages of the Committee 
System. The Speaker. The Speaker : Sources of his Power. 
Recognition. Committee on Rules. The Party Caucus. 

The Necessity for Expediting Business. Contrast between 
the Houses. Desirability of a Career in Congress 

XI. Executive Department: President and Vice Presi¬ 
dent . 169 

Executive Department. The Convention and the Presidency. 

A Difficult Question. Plan Adopted. Qualifications for the 
Presidency. Term and Reeligibility. Salary. Election: 
Methods Proposed in the Convention. Method Chosen. 

A Defect Discovered. The Twelfth Amendment. Another 
Defect. Time and Method of Choosing Electors. Failure 
of the Electoral College. A More Serious Defect. Presi¬ 
dential Primaries. Presidential Succession. The President’s 
Powers. Classification not Absolute. President’s Legislative 
Powers. The Veto. Restrictions on the Veto. Working of 
the Veto. Calling Extra Sessions. Treaty-making Power. 

The Appointing Power. The Life of the President. Great 
Statesmen and the Presidency. Executive Power not Perfect. 

The Vice President 

XI 1 . Executive Department; President’s Assistants . 194 

The Cabinet. Relations of Cabinet Officers to President. 
Executive Departments : Organization. Executive Depart¬ 
ments : History. State Department. Treasury Department. 

War Department. Department of Justice. Post-Office De¬ 
partment. Navy Department. Department of the Interior. 
Department of Agriculture. Department of Commerce. 
Department of Labor. Federal Trade Commission. Inde¬ 
pendent Boards and Commissions 



CONTENTS 


xiii 


CHAPTER 

XIII. Judicial Department: Federal Courts .... 

Necessity of Federal Judiciary. The Federal Courts. The 
Judges. Jurisdiction. Eleventh Amendment. Transfer 
of Cases. Treason. The Supreme Court. The Supreme 
Court: its Jurisdiction. The Supreme Court: its Sessions. 
Circuit Courts of Appeals. District Courts. The Court 
of Claims. Other Inferior Courts. Marshals and District 
Attorneys. The Procedure of the Federal Courts. Defects 
of the Judicial System. Excellences 

XIV. The States in their Relations to the Consti¬ 

tution . 227 

Admission of New States. Methods of Admission. Guar¬ 
anties to the States. Obligations upon the States. Limi¬ 
tations of State Power. Absolute Limitations. Provisional 
Limitations. Doctrine of National Sovereignty. Division 
of Powers. Classes of Powers. Conflicts of Authority 

XV. The Bill of Rights: the Individual in his 

Relations to the Constitution. 239 

The Bill of Rights. Restriction only upon the Federal Gov¬ 
ernment. Classes of Guaranties. The Right of Personal 
Liberty. The Right of Personal Security. The Right of 
Private Property. General Guaranties 

XVI. Miscellaneous Provisions of the Constitution . 246 

The Public Debt. Ratification. Amendment. Possible 
Methods. Method Used. Existing Amendments. Thir¬ 
teenth Amendment. The Fourteenth Amendment. The 
Fifteenth Amendment. '’To promote the General Wel¬ 
fare ” 

XVII. The Unwritten Constitution. 258 

Development of the Unwritten Constitution. Original 
and Inherent Powers. Presidential Electors only Party 
Agents. Reeligibility of the President. Custom and the 
President’s Power of Removal. The Senate and the 
President’s Nominations. The Cabinet and the Unwritten 
Constitution. The Committee System. Party Government. 
Senatorial Courtesy 


PAGE 

214 




XIV 


SCHOOL CIVICS 


CHAPTER PAGE 

XVIII. State Governments. 267 


National Expansion, Diversities and Uniformities among 
the States. Origin of State Constitutions. Methods of 
Constitution-Making. The Present Process. Constitu¬ 
tional Amendments. Contents of State Constitutions : 
Historical Changes. Existing State Constitutions. The 
State Governments. Suffrage and Elections. Method of 
Choosing Candidates. Voting. Election. The Legis¬ 
lature : Organization. The Lower Houses. Sessions. 
Procedure. Restrictions on Powers of Legislatures. 
Special Powers of the Houses. The Executive: its 
Character. The Governor. The Governor’s Colleagues. 
Election, Terms, and Qualifications of Executive Officers. 

The Judiciary. The System of Courts. Special Courts. 
Judges. The Term of Office. State Finances. Taxes. 
Exemptions. Assessment. Apportionment and Collec¬ 
tion. Restrictions upon Taxing Power. Education. The 
School System. Various Grades of Schools. State Ad¬ 
ministration of Schools. Local Administration of Schools. 
Compulsory Education. Initiative and Referendum. 
Public-Welfare laws. Agriculture. Importance of State 
Government 

XIX. Local Rural Government. 296 

Types of Local Government. The Town System. Town 
Officers. The County in New England. The County in 
the South. Subdivisions of the Southern County. The 
Township-County System. The County in the County- 
Township System. The County as a Unit of Local Gov¬ 
ernment: its Importance 

XX. City Government .304 

General Statement. Rapid Growth of Cities. Difficulties 
of Municipal Government. The City: its Character. 
Functions of City Government. Organization of City 
Government. Recent Changes. The Executive Depart¬ 
ment: Usual Form. Centralized City Government. Ad¬ 
ministrative Departments. The City Legislature. Its 
Powers. Recent Restrictions. The Judicial Department. 





CONTENTS 


XV 


CHAPTER page 

The Village. Some Problems of City Government. 
Finances. Extension of Municipal Functions. Present 
Practice. Franchises. Municipal Ownership. Causes of 
Municipal Mismanagement. Commission Government. 

City Manager : a Further Development. Trained Officials 

XXL Municipal Law. 328 

Statement of Subject. Municipal Law and Individual 
Rights. Common and Statute Law. Civil and Criminal 
Law. Property and Estates Defined. Contracts : Defined 
and Classified. Conditions governing Contracts. Breach 
of Contract. Real Property ; Deeds and Mortgages. Gift 
and Will. Lease. Appurtenances. Personal Property: 

Sale. Transfer of Title. Liens. Agency. Partnership. 
Negotiable Paper: Forms. Use. Indorsement: Kinds. 
Liabilities of Indorsement. Transfer of Personal Property 
by Gift and Will. Personal Security : Libel and Slander. 
Relations of Parent and Child. Relations of Husband and 
Wife. Crimes: Punishment. Crimes against Person. 
Crimes against Property. Crimes against Public Morals. 
Criminal Intent: Accessories. Criminal and Civil Suits: 
Procedure compared. Civil Suit. Criminal Suit 


XXIL American Politics and Political Parties . . . 351 

Importance of Parties. Earliest Parties in the United 
States. Changes in Antifederalist Party. Policies. The 
Federalist Supremacy. The Public Debt. Other Important 
Measures. Decline of Federalists and Rise of Democratic 
Republicans. The Hartford Convention. A Period of 
Transition. Rise of Democrats and National Republicans. 

The Slavery Question. Rise of Republican Party. Par¬ 
ties since 1880. The Work of Parties. History of the 
Convention: the Congressional Caucus. Various Methods 
of Nomination. The Convention perfected. The Con¬ 
vention: its Organization and Work. Party Differences. 
Methods of choosing Candidates. The Committees: 
National Committee. Lower Committees. Importance of 
the Primary. Necessity of Organization. The Necessity 
of Parties. The Duty of the Citizen. Civil Service 



XVI 


SCHOOL CIVICS 


CHAPTER PAGE 

XXIII. International Law.. 369 


Other Governments: their Relation. The Origin of 
International Law. Compared with Municipal Law. Sov¬ 
ereignty. Recognition. Jurisdiction. Intercourse. Dip¬ 
lomatic Agents. The Consular Service. Treaties. Pacific 
Methods of redressing Injuries. War. Effect on Subjects 
of the Enemy. Combatants and Noncombatants. Their 
Property. Cruel and Unfair Methods Forbidden. Truce. 

Siege. Warfare with Barbarous Nations. Captures on 
the Sea. Privateering. Blockade. Rights of Neutrals. 
Property of Neutrals. Duties of Neutrality. Intervention. 
Mediation. International Peace 

XXIV. Comparison of National Governments .... 387 

Other Governments. England’s Constitution. England’s 
Legislature. England’s Executive. English Cabinet. Eng¬ 
land’s Judicial System. Germany. Germany’s Legisla¬ 
ture. Germany’s Executive. Germany’s Judicial System. 
French Government. The French National Legislature. 

The French Executive. The French Judicial System. 
Canada’s Constitution. Canada’s Legislature. Canada’s 
Executive. Canada’s Judicial System. Switzerland’s Leg¬ 
islature. Switzerland’s Executive. Switzerland’s Judicial 
Departments 

APPENDIX: CONSTITUTION OF THE UNITED STATES i 
INDEX.xxiii 




LIST OF ILLUSTRATIONS 

PAGE 

The Capitol at Washington. Frontispiece 

Faneuii Hall, Boston.65 

Independence Hall, Philadelphia.65 

The United States Senate Chamber.89 

ITe Chamber of the House of Representatives .... 89 

The Panama Canal.113 

Federal Government Meat Inspection.113 

President Wilson reading his Message to Congress . . . 171 

Soldiers in Camp receiving Instruction in the Use of the 

Rifle.195 

The Battleship Fennsyl'va 7 iia .195 

The Arrowrock Dam, Boise, Idaho.203 

One of the Great Government Irrigating Canals . . . , 203 

The Supreme Court Chamber.215 

The White House.215 

Territorial Growth of the United States (map in colors) . . 226 

" The Right of the People Peaceably to Assemble ” . . . 229 

The State Capitol at Albany, N. Y.241 

The State Capitol at Frankfort, Ky.241 

The City Hall, Des Moines, Iowa.247 

The New York City Public Library.247 

Sample Australian Ballot.277 

New York State Education Building, Albany.281 

A Public School.281 

The City giving Free Instruction to Mothers.305 . 

Cleaning the Streets.307 

xvii 



















xviii SCHOOL CIVICS 

PAGE 

Firemen at Work saving Life.311 

A Policeman making the Streets Safe.311 

A Road before and after Improvement.317 

Medical Inspection.321 

A Pure-Milk Depot. 321 

Parliament Buildings, London.391 










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Fiske, John. American Political Ideas viewed from the Standpoint 
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XX 


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Series. Boston and New York, 1899. 

SCHOULER, James. Constitutional Studies. New York, 1897. 

ScHOULER, James. History of the United States of America under the 
Constitution. 6 vols. New York, 1880-1899. (Cited as Schouler.) 

Stanwood, Edward. History of the Presidency. Boston, 1898. 

Stephenson, N. W. American History. Boston, 1913. 

Stimson, F. J. Labor in its Relation to Law. New York, 1895. 

Stubbs, William. Constitutional History of England in its Origin 
and Development. (Fourth edition.) 3 vols. Oxford, 1896. 

7'aswell-Langmead, Thomas Pitt. English Constitutional History 
from the Teutonic Conquest to the Present Time. Third edition. 
Revised by C. H. E. Carmichael. London and Boston, 1886. (Cited 
as Taswell-Langmead.) 

Taussig, F. W. Tariff History in the United States. New York, 1888. 

Thwaites, Reuben Gold. Colonies: 1492-1750. Epochs of Amer¬ 
ican History Series. (Ninth edition.) New York and London, 1896. 
(Cited as Thwaites.) 

Townsend, Calvin. Compendium of Commercial Law, Analytically 
and Topically Arranged, with Copious Citations, etc. New York, 
Cincinnati, Chicago, 1871. (Cited as Townsend.) 


XXll 


SCHOOL CIVICS 


Tyler, Moses Coit. Patrick Henry. American Statesmen Series. 

Boston and New York, 1899. 

Walker, F. A. Making of the Nation. New York, 1895. 

White, H. Money and Banking. Boston, 1896. 

Wilcox, Delos F. The Study of the City Government. New York, 
1897. 

Wilson, Woodrow. Congressional Government: a Study in Amer¬ 
ican Politics. (Fifteenth edition.) Boston and New York, 1900. 
(Cited as Wilson, Congressional Government.) 

Wilson, Woodrow. The State: Elements of Historical and Practical 
Politics: a Sketch of Institutional History and Administration. 
Boston, 1889. (Cited as Wilson.) 

WoODBURN, J. A. The American Republic and its government: an 
analysis of the government of the United States, with a considera¬ 
tion of its fundamental principles and of its relations to the states 
and territories. New York and London, 1903. 

WooLSEY, Theodore Dwight. Introduction to the Study of Inter¬ 
national Law, designed as an Aid in Teaching and in Historical 
Studies. (Sixth edition.) Revised by Theodore Salisbury Woolsey. 
New York, 1891. (Cited as Woolsey.) 

Wright, Carroll D. Industrial Evolution of the United States. 
New York, 1895. 

Zueblin, Charles. American Municipal Progress: chapters in muni¬ 
cipal sociology. Citizens’ Library. New York and London, 1903. 


TO MY STUDENT FRIENDS 


Htiman need is the origin of all just government among 
men. Whether we are considering the home (our first con¬ 
tact with organized government) or the school (our second 
experience with formal control), or whether we are thinking 
in terms of the larger units of government,—the village, the 
city, the town, the county, the state, the nation, or the rela¬ 
tions existing between nations, — the fact remains that all 
just laws, ordinances, regulations, or treaties are but the 
verbal expression of some human need. 

Human need led the first settler, around the site of whose 
cabin has grown your beautiful city, to strew with boughs 
the pathway from his hut to his neighbor’s, so that the 
inmates of the one might pass dry-shod to the home of the 
other. Thus it was human need which led to the construc¬ 
tion of this primitive sidewalk in the "forest primeval," and 
it is human need which causes us to make sidewalks, lay 
out streets and highways, build bridges, establish health, fire, 
and police departments, and to maintain schools, churches, 
playgrounds, parks, banks, stores, factories, railroads, tele¬ 
phones, telegraphs, postal systems, an army and navy, legis¬ 
latures and congress, mayors, governors, and presidents; and 
for all these and many more we voluntarily tax ourselves in 
one form or another, since all are maintained out of the 
original income of the home, for your need and mine. 

Into this field of the study of human need as dealt with 
in the government of your village, city, town, county, state, 
and nation, and in our relations with other nations, you are 

xxiii 


XXIV 


SCHOOL CIVICS 


invited. The conditions which are rapidly developing in 
these various units of government call for grave consider¬ 
ation on the part of those who think straight on these 
questions. I can only wish you the joy that has been mine 
as I have written these lines to my young fellow country¬ 
men. Upon your shoulders rests the future of American 
institutions. He who uses public office for private advan¬ 
tage is an undesirable citizen, and he who plots against the 
industries or government of his country is a traitor. The 
issues are great and demand clear thinking and far seeing, 
but there need be no fear as to how these issues are to be 
met and solved for mankind by the boys and girls of the 
American public school, the nation’s bulwark and strong 
tower of defense, so splendidly garrisoned. 


THE AUTHOR 


SCHOOL CIVICS 


CHAPTER I 

GOVERNMENT: ITS ORIGIN, NECESSITY, OBJECT, AND 
FUNCTION 

Definition. If you look in the dictionary for a definition 
of " civics,” you will find that it means ” the science of civil 
government; the principles of government in their applica¬ 
tion to society.” Further you will find that ” civil ” means 
pertaining to the state in general.” But after you have 
studied these definitions will you be much the wiser 
"Society,” "the state,” "government,” are all themselves 
terms requiring explanation before the student can boast 
much enlightenment. 

Origin of the State : Primitive Man already Social. First 
of all, then, what is society.? Aristotle, the greatest of the 
Greek philosophers, declared that man is naturally a political 
animal. Whether he is so by nature or whether — as a later 
philosopher, Hobbes, maintained — his natural state is a state 
of war in which every man’s hand is against his fellow, 
certain it is that though we follow him back through the 
dimmest vistas of history into prehistoric times, we find him 
always in association with his kind, never solitary. If he 
is not by nature social, certainly he had already begun to 
grow so even in hoariest antiquity. We find him always a 
member of some sort of society, however rude and poorly 
organized; that is, we find him alwavs associated with other 

I 


2 


SCHOOL CIVICS 


persons for their mutual advantage or for the furtherance of 
some common purpose. It should not be understood, how¬ 
ever, that this purpose is always definitely present to the 
minds of the members of the society. As a matter of fact, 
civil society is not a voluntary association, like a debating 
club, for instance; on the contrary, the members are simply 
born into it and have no choice as to whether or not they 
will be members. 

Primitive Societies: our Knowledge Imperfect. Doubt¬ 
less in the earliest and most primitive societies this common 
object was to secure a more abundant supply of food. Man, 
in some respects the weakest and most defenseless of the 
larger animals, must have learned very early in the course 
of his evolution that by association with his fellows he could 
cope much more easily with the lower animals upon which 
he was dependent for subsistence. Just how these rude, 
almost wholly unorganized hunting bands developed into the 
complex organizations now known as states is one of the 
problems about which science, in the absence of a complete 
array of facts, is obliged as yet to theorize in part. In dealing 
with the question of the origin of the state we must be content 
if science evolves for us a consistent and reasonable theory. 

Definition of State.” But first let us guard against a 
possible misapprehension. Here in the United States we 
use the term " state ” in a local sense as applying to any one 
of the commonwealths into which the nation is divided, each 
of which, while regulating its own local affairs and possessing 
a considerable degree of political independence, is still sub¬ 
ject to the federal constitution. The word "state” has, how¬ 
ever, a wider application. It is used primarily to designate 
any community having an independent existence and pos- 
•sessing a permanent administrative machinery called a gov¬ 
ernment. The extent of the power to be exercised through 


GOVERNMENT: ITS ORIGIN 


3 


this government and the exact method of employing it are 
matters fixed by rules that have been established by custom 
or have been committed to writing. Germany, France, and 
the United States are examples of states. 

Original-Lawgiver Theory. Returning to the question as 
to the origin of the state, we find a number of theories 
that have been more or less widely accepted at different 
times. Men very early began to wonder how they came to 
have laws and governments, and we find among the tradi¬ 
tions of all the great races stories about some remarkable 
lawgiver who organized their state and originated the laws 
under which his people were to live. Thus Solon for the 
Athenians, Lycurgus for the Spartans, Numa for the 
Romans, played this role of original lawgiver. 

Divine-Right Theory. A second and later theory, sup¬ 
posed by those who held it to be much more reasonable 
than the belief in an original lawgiver, might be called the 

divine-right ” theory, that is, the theory of the divine origin 
of the state. According to this belief, the state was formed 
by direct mandate of the Creator; a sort of "Let there be 
states, and there were states." In some way government 
was simply given to man from the beginning. It is this 
theory that lies back of the once widely cherished belief in 
the divine right of kings, for those who saw in the state a 
divine institution were very likely also to see in the particu¬ 
lar human ruler God’s vicegerent. His agent for carrying 
on this institution. 

Contract Theory. More important than either of these 
theories, because at one time more widely believed and 
discussed, is what is known as the "contract" or "social- 
compact" theory. This explains the existence of states by 
supposing that at some remote time men deliberately agreed 
together to form a single community and have a political 


4 


SCHOOL CIVICS 


organization. The motive that prompted them to this action 
was the desire to secure a better observance of the so-called 
"law of nature," a law supposed to exist outside of and 
independently of all states, of which all men had intuitive 
knowledge, and whose teaching can perhaps be best summed 
up in the golden rule. 

Later Theories Historical. It will be noticed that none 
of these theories relies much for support upon known facts 
of history or upon observations of primitive peoples. They 
are only more or less plausible speculations as to how states 
might have come into existence. It is only in quite modern 
times that men have begun to piece together slowly and 
with much difficulty, out of fragmentary bits of history and 
out of a great mass of observations on the customs of 
primitive peoples, a theory that can be called in any true 
sense historical. 

Force Theory. The beginnings of modern states like 
France or Germany show beyond a doubt that the main in¬ 
fluence at work in shaping certain portions of Europe into 
states was war. Increase of population ; increase of wealth 
or desire therefor; improvement in weapons, tempting men 
to battle with their fellows for the good things that seemed 
attainable in no other way — these things from time to time 
caused the more or less organized hordes to burst their an¬ 
cient boundaries and seek new homes. Thus some warrior 
renowned for his prowess was hailed as leader; he secured a 
following of the bravest of the clan or tribe to which he be¬ 
longed ; and when he, with his chosen band, got permanent 
control of a definite territory of considerable size, a state 
came into existence. Such phenomena as these, clearly 
traceable in the history of existing states, have sometimes 
been pointed to as indicating the origin of the state, but 
it is clear that in this force theory we are dealing not 


GOVERNMENT: ITS ORIGIN 


5 


with the beginnings of government but with political bodies 
possessing already a considerable degree of organization. 
The terms "horde,” "clan,” "tribe,” which were used in 
speaking of these phenomena, point to some sort of organi¬ 
zation already existing before the element of force shaped 
a particular people into a France or a Germany. 

Kinship Theory. Careful investigation along a great 
variety of lines has tended more and more to show that the 
state has its origin primarily in the bonds of kinship. The 
state is a gradual evolution from the family. This develop¬ 
ment of political organization out of the family has been 
most carefully traced in the history of what have been 
called the " great central nations ” of the world — the Aryan 
peoples, including the peoples of Hindu and Iranian blood 
in the East, and those of Greek, Italian, Celtic, Slavic, 
and Teutonic blood in the West. Now these peoples either 
possessed originally the patriarchal form of the family, or 
had already advanced to it in the remotest age to which 
the light of history has been able to penetrate; that is, the 
family was ruled over by the father, whose word was the 
only law known to his children and dependants, and who, 
from the dignity of his position and his supposed nearness 
to the unseen spirit world, was likewise the medium of 
communication with the inhabitants of that world — in 
other words, the priest.^ As the family increased in number 
and the ties of religion and blood became more remote, it 
became a clan, still bound together by blood relationship, 


1 It should be borne in mind, however, that the patriarchal family is 
not the only form of family known to history. Many evidences point to 
the matriarchal family, in which kinship is traced through the mother only 
and in which the rule belongs to her, as a probably earlier form of family 
organization ; and the clan and the tribe, that is, the elements out of which 
states are built, have grown up among peoples who give no clear evidence 
of ever having known the patriarchal family. 


6 


SCHOOL CIVICS 


looking to a single person as its common ancestor, sharing 
in a common worship, and presided over by the chief 
kinsman instead of the father. It is in the clan, in this 
union of family groups, that we find the beginnings of true 
political organization. As the population increased several 
clans were formed, and these again united to form tribes. 
One tribe or several of them then developed into the state. 

Summary. To sum up, then, we may say that later 
investigation has tended to show that in its origin the state 
rests not on the work of some great lawgiver, not on the 
direct mandate of the Creator, not on a deliberate contract 
between individuals, not on force, but on kinship. Un¬ 
questionably most, if not all, of these first-named elements 
have aided in the development of particular states at later 
periods of their history, but they should not be mistaken 
for explanations of the origin of the state. 

Government. What is it } In the foregoing pages we 
have several times used the word " government ” as if its 
meaning were quite clear; yet how many students could 
formulate a good definition offhand .? We are constantly 
feeling all about us the restraints of government. If I own 
property, I must repair at stated intervals to the tax col¬ 
lector and pay over to him for the use of the government 
a certain sum proportionate to the value of it; and if I 
persistently refuse to do this, he may sell my property and 
appropriate such portion as the government has asked for. 
Even when I have paid my taxes I am not free to do 
exactly as I choose with my property. I am not allowed to 
maintain there anything that the law considers a public 
nuisance, that is, anything that endangers health or comfort. 
I am not free to conduct my business in any way I may 
choose. Certain businesses, like gambling and lotteries, 
are generally forbidden altogether, because the government 


GOVERNMENT: ITS ORIGIN 


7 


considers them fraudulent. Certain others, like the liquor 
business, are permitted only on payment to the government 
of a heavy tax called a license, and are even then subject 
to rigid restrictions. Certain others, like the milk business, 
are subject at any moment to inspection by government 
officials, who are authorized to destroy my goods if they fall 
short of the standard fixed by government. The United 
States government makes and issues great quantities of 
money, paper and coin ; yet if I should make a single piece 
and attempt to buy anything with it, I should be most 
severely punished. What, then, is this ” government ” that 
hedges me about on every hand, and by what right does 
it say to me " thou shalt ” or " thou shalt not ” ? 

Definitions. When we were talking about society and 
the state we found that primitive men, or, to speak more 
accurately, primitive family groups, must very early in the. 
course of development have found it advantageous to live 
and work together. Men found themselves better able to 
survive and make progress in society than out of it. In 
order, however, that survival and progress may be possible, 
it is necessary that society should secure to its individual 
members as great a degree of justice as conditions permit, 
and the instrument that it uses for this purpose is govern¬ 
ment. The word is used in two senses : First, government 
may be said to consist of customs, rules, or laws commanding 
what society or, to use a somewhat narrower and more definite 
term, what the state wishes to have done and forbidding what 
it does not wish to have done ; second, it consists of the rulers 
or officers whose business it is to have these rules enforced. 
In other words, government is the instrument or agent which 
the state uses to secure the end for which it exists. 

Anarchy Impracticable. But what need is there, it may 
be asked, for the restraints and commands imposed by 


8 


SCHOOL CIVICS 


government? Could we not get along as well without 
them ? In almost every community there are a few persons, 
generally regarded by their neighbors as somewhat visionary, 
who have dreamed a beautiful dream that the day is at 
hand when " the lion shall lie down with the lamb and a little 
child shall lead them.” One hesitates to call them by the 
somewhat ominous name of anarchists ; yet such they are, 
for they believe that the only good government is no gov¬ 
ernment. They do not, however, advocate bomb throwing 
as a means of putting an end to government; and so, to 
distinguish them from anarchists of the violent type, they 
are called theoretical anarchists. If every individual always 
did exactly the right thing at the right time; if he always at¬ 
tended strictly to his own affairs, never trespassing upon the 
feelings, rights, or property of others; if there were no thieves, 
liars, or otherwise dishonest persons; if all persons were 
always pure in thought and deed—then every individual could 
indeed obtain his personal rights without the aid of govern¬ 
ment, and the dream of the anarchist would be realized. 

Government Necessary. Unfortunately this condition of 
affairs has never yet been even approximately reached. 
Even the youngest of us has lived long enough to know 
that there are many persons unwilling to grant to others 
the rights and privileges they demand for themselves. The 
only way to secure from such persons a due consideration 
for the rights of others is through the exercise of some 
power that they at least fear and obey. So long as men 
are selfish, ambitious, and greedy, government must remain. 
If each individual is to secure the largest possible personal 
liberty and at the same time grant to every other individual 
the privileges which he himself enjoys, rules or laws must 
be established as the standard of action for all. This, of 
course, does not mean that such rules once established 


GOVERNMENT: ITS OBJECT 


9 


must remain forever binding upon all who may, by birth or 
otherwise, become members of the society. Many of the 
rules by which our Puritan ancestors held themselves rigidly 
bound seem to us now only curious and amusing, as doubt¬ 
less many of ours will seem to future generations. Every 
government that is to be in any sense permanent must pro¬ 
vide for the possibility of orderly change. All that is meant 
is that, no matter how frequently subject to change, there 
must be, at any particular moment, established rules to 
which the actions of all conform. 

Government: its Object. What the true object of gov¬ 
ernment is — the ideal it strives to attain — may be very 
easily gathered from the foregoing paragraphs. In the first 
place, it should be borne in mind that government in the 
United States, as in other enlightened nations, is not in¬ 
tended as a restriction upon personal freedom and should 
not be so understood. Moreover, it rarely so acts except 
upon those who interpret personal liberty in such a way as 
wholly to ignore or seriously to infringe upon the rights of 
others, while they maintain similar rights for themselves. 
The object of government is to secure the individual rights 
and liberties of all —to give the widest possible free¬ 
dom to the individual for his self-development, and yet to 
guard that freedom against the competition that kills, and 
to reduce to a minimum the antagonism between self¬ 
development and social development. In other words, the 
ideal toward which government strives, is to secure to every 
individual of society the largest possible liberty compatible 
with the general welfare. If at any time it becomes obvious 
that the ends of government have become perverted, that 
it no longer strives to promote the general welfare but 
exists only for the private advantage of some individual or 
of some group of individuals, and if all efforts have failed 


10 


SCHOOL CIVICS 


to remedy this state of affairs by the means legally pro¬ 
vided— then the people may justifiably have recourse to 
revolution in order to free themselves from oppression 
and establish or reestablish a just government. 

Government and Individual Rights. Now this largest 
possible liberty of the individual can be secured only by 
bringing it about that all other individuals shall pay strict 
regard to what the society in which he lives has recog¬ 
nized as his rights. It is only in organized society that 
rights can be said to exist at all, and as society grows more 
complex, new distributions and clearer definitions of rights 
must take place; in other words, as society develops, gov¬ 
ernment, which originated with the society itself, has con¬ 
stantly before it the progressive task of securing the greatest 
possible liberty of the individual compatible with the gen¬ 
eral welfare. During the long struggle up from savagery 
to the modern civilized state, this question of the distribu¬ 
tion and maintenance of individual rights has played, indeed, 
is still playing, a most important role. Individual rights are 
not something fixed and unchangeable from the beginning 
and destined to remain fixed to the end. They are under¬ 
going a constant but very gradual change, a change so 
gradual as not to interfere in the least with a very clear 
understanding of what they are at any particular moment. 

Classification of Rights. Political Rights. In the United 
States the rights of the individual are divisible into two main 
classes, political and civil. Political rights are those which 
individuals possess in the matter of government. The right 
of the individuals of a state to establish a government has 
already been referred to (p. 9). This is an extralegal right; 
that is, it exists independently of law. In addition there is 
the legal right of certain classes of individuals to share in 
government by voting or by holding office. It should be 


GOVERNMENT: ITS FUNCTIONS 


11 

noted that not even in the United States are full political 
rights accorded to all individuals, while under some govern¬ 
ments political rights of the second kind do not exist at all. 

Civil Rights. Important as are political rights, it is to 
the much more numerous and diversified class of civil 
rights that those of fundamental importance belong. Civil 
rights are all those that are not political, all those possessed 
by the individual in his ordinary relations with the common¬ 
wealth and with his fellow citizens. Among them are the 
rights referred to in the Declaration of Independence as 
" unalienable,” because we cannot be justly deprived of 
them except by our own acts; for example, the right of per¬ 
sonal security (the right to be safe from injury to life, body, 
health, or reputation), the right of personal liberty (the 
right to pass freely, think freely, speak or write freely, 
wherever and whenever we please, provided we do not in¬ 
fringe upon the rights of others), the right of private 
property (the right to enjoy the results of our own labor 
and saving), and the right of religious liberty or freedom 
of conscience (the right to worship God as we see fit). 
Under civil rights also are included all rights which belong 
to individuals in their relations to other persons; for exam¬ 
ple, the rights involved in the relations between husband 
and wife, parent and child, employer and employed. 

Government: its Functions. The functions performed by 
government are not always and everywhere the same. They 
vary in different states and even in the same state at differ¬ 
ent stages of its development. There are, however, certain 
functions which in some form or other all civilized states 
have undertaken. For purposes of study these have been 
divided into two classes — constituent functions and minis- 
tra7it functions.^ By constituent functions are meant those 
1 Wilson, The State, §§ 1232-1235. 


12 


SCHOOL CIVICS 


“that are necessary to the civic organization of society,” 
those which government must perform if the state is to 
continue to exist. Constituent fnnctions are those which 
have for their object the protection of life, liberty, and 
property, such as the keeping of order and the furnishing 
of protection against violence and robbery; the fixing of 
the legal relations between husband and wife and between 
parents and children; the regulation of the holding, trans¬ 
mission, and interchange of property; the determination of 
contract rights; the determination of the political duties, 
privileges, and relations of citizens; and the dealings of 
the state with foreign powers for the purpose of preserv¬ 
ing it from external danger. By ministrant fnnctio 7 ts are 
meant those undertaken for the purpose of advancing the 
interests of the state — those which it has been thought 
convenient or expedient to have performed by government, 
though not actually necessary to the existence of the state. 
Such are, for instance, the regulation of trade and indus¬ 
try by such means as the coinage of money, the establish¬ 
ment of standard weights and measures, and the passing of 
tariff and navigation laws ; the regulation of labor; the exe¬ 
cution of internal improvements; the maintenance of pos¬ 
tal and telegraph systems; the maintenance of waterworks, 
lighting plants, etc.; sanitation; education; care of the 
poor and incapable; care of forests and like matters ; and 
sumptuary laws, such as prohibition laws. 

Taxing Power. For the performance of these functions 
government must have money or the means of obtaining it. 
The men who have left the regular businesses of life for a 
time in order to devote themselves to the performance of 
public work (soldiers, sailors, policemen, judges, legislators, 
clerks, consuls, ministers, teachers, governors, etc.) must 
be paid for their services. Moreover, material means must 


GOVERNMENT: ITS FUNCTIONS 


3 


be provided for the successful carrying out of the purposes 
of government. Buildings and ships must be constructed, 
munitions of war must be provided, books must be printed, 
and all must be paid for. Governments have therefore 
been given the right to demand of the citizens the pay¬ 
ment to the state of a portion of their wealth for the pur¬ 
pose of public expenditure; that is, governments have been 
given the right to levy and collect taxes. 

Eminent Domain. Not only, however, has government 
been given this- right of taxation, by which it demands 
wealth equally or proportionately from all citizens, but it has 
also been given the right of eminent domain^ by which it 
demands the surrender of private property by some citizens 
only, not by all. For instance, it may happen that the good 
of the community, the state, or the nation, may demand 
that a public building (a post office or a customhouse, a 
navy yard or a raiFoad) occupy or pass through a parcel of 
land owned and occupied by an individual. In all such 
cases, where it is clear that the general good will be pro¬ 
moted, any property of the individual may be appropriated 
by the government. Whenever property is thus appropri¬ 
ated, government recompenses the individual by giving him 
an equivalent in money. 

Civics: its Meaning. We may now return to our defi¬ 
nition of civics with a fuller comprehension of its meaning. 
It is hoped that such terms as ” society,” " government,” 
and "the state ” have gained in meaning; and if they are 
clearly understood, our simple definition of civics as the 
science of government and of the relations of the citizen to 
the government will serve as well as a more elaborate one. It 
is hoped, also, that the student has gained some idea of the 
wide scope of the subject, on the one hand, and of its intimate 
relation to the affairs of his everyday life, on the other. 


14 


SCHOOL CIVICS 


Civics : its Nature and Importance. In applying the term 
civics ” to the study upon which we are about to enter, 
we are in reality laying claim to more than we are entitled 
to. Civics in its true sense is a study, not of the political 
institutions of some one particular nation, like the United 
States, but of the fundamental principles underlying all 
government, whenever and wherever they may find applica¬ 
tion. What we are to study is not civics in this broad sense, 
but civil government in the United States. Nevertheless, 
we should not lose sight of the inspiring fact that we are 
concerned with a part of one of the greatest sciences with 
which the human mind has busied itself. At the same 
time our study is of fundamental practical importance not 
only to the voter but to every man, woman, and child in 
the community; for the happiness and comfort of man¬ 
kind depend, it is hard to say how largely, upon the action 
of the government under which he lives. Almost his every 
interest is touched and modified by government. Finally, 
almost everyone in the United States has a voice, either 
directly or indirectly, in deciding what shall be the ultimate 
form of our government as well as in determining its ob¬ 
jects and functions. 

Library References. Macy, First Lessons, chaps, xxi, xxv-xxvi; 
Dawes, pp. 37 - 43 ; Hinsdale, pp. 9-16; Wilson, chaps, i-ii, xv-xvi, 
§§ 1154-1160; Encyclopaedia Britannica, article on "Government”; 
Century Dictionary; Lalor, articles on " Government,” " Government 
Intervention,” " Taxation.” 

QUESTIONS ON THE TEXT 

1 . Define " civil government ” ; " state.” 

2 . Is civil society a voluntary association ? Give a reason for 
your answer. 

3 . Define '' government.” Why is government a necessity 
among men ? State two theories of the origin of government. 


GOVERNMENT: ITS FUNCTIONS 


15 


4 . Show the necessity of laws and state two limitations im¬ 
posed by law on individual liberty. Define '' anarchy.” 

5 . Mention two purposes for which governments are insti¬ 
tuted. Under what circumstances is revolution justifiable } 

6. Show how public opinion operates as a check against 
abuses of government. How does selfishness and difference of 
opinion make government necessary? 

7 . Define ” right.” What are civil rights? Can they be for¬ 
feited ? Give a reason for your answer. 

8. Distinguish between civil rights and political rights. Men¬ 
tion three civil rights. 

9 . What are political rights and how may they be forfeited ? 
Is the right to vote at elections a political or a civil (natural) right ? 

10. Explain and illustrate the meaning of the following state¬ 
ment : " Where a right exists, a duty always exists with it.” 

11. What do you understand by civil liberty ? 

12 . Define " taxation.” Explain why the power to levy taxes 
is necessary to government. What possible danger is there in this 
power ? by what right does government impose taxes on the 
governed ? 

13 . Upon what principle is the right of taxation based? 

14 . Under what circumstances has the government a right to 
take the property of an individual without his consent ? What is 
the right called ? 

15 . Explain the importance of the right of eminent domain to 
a national government. 

16 . Give two reasons why a knowledge of the principles and 
workings of government is necessary for the American citizen. 


CHAPTER II 


DIFFERENT FORMS OF GOVERNMENT 

Variety of Forms. Even the very young American abroad 
soon becomes aware of the fact, whether he understands its 
significance or not, that he is living in the presence of polit¬ 
ical institutions different from those at home. He is told 
that on such and such a day the king or the emperor will 
pass through a certain street, and that if he secures such and 
such a position, he may possibly catch a glimpse of him. 
He hears of legislative bodies with strange names and pos¬ 
sessed of powers very different from those of the Congress 
of the United States. He meets with government officials 
whose duties have no counterpart in his home government. 
In his study of history also he can hardly make a beginning 
without coming upon political institutions of which he knows 
nothing by experience. And all this simply means that gov¬ 
ernment, whose legitimate object is everywhere the same, 
namely, the development of the mdividnal in society, has 
assumed, and is still assuming, a great variety of forms in 
order to accomplish its end. 

Aristotle’s Classification. Since the time of the Greek 
philosopher Aristotle, governments have generally been 
classified as monarchies (the rule of one), aristocracies (the 
rule of the few), or democracies ^ (the rule of the many). 
These Aristotle considered the three standard, or legitimate, 

1 This and the term " ochlocracy ” are not Aristotle’s terms, but it is 
believed that they will convey his meaning more accurately than would 
his own terms. 

i6 


DIFFERENT FORMS OF GOVERNMENT 


7 


forms of government, each of which he believed tended 
constantly to pass into a corresponding perverted form. To 
the monarchy corresponded the perverted form of the tyr¬ 
anny, or despotism ; to the aristocracy, the perverted form of 
the oligarchy; to the democracy, the perverted form of the 
ochlocracy (mob rule, or anarchy). He believed that states 
passed through a regular cycle of changes. Beginning as 
monarchies, they degenerated into tyrannies, in which the 
ruler used his power not to further the interests of his sub¬ 
jects, but to oppress them. When this became unbearable, 
a few men of culture and character gained control of the 
government, and the state became an aristocracy (the rule 
of the best). This in turn degenerated into an oligarchy, 
in which the few who held the power did so not by virtue of 
character but by virtue of birth or wealth. This oligarchy, 
becoming in turn intolerably oppressive, was overthrown by 
the great body of citizens, and a democracy was instituted, 
which soon degenerated into mob rule. From this the state 
could be rescued only by the power of some great leader, 
who thereupon himself assumed the reins of government, 
making the state again a monarchy and completing the cycle. 

Inapplicable to Modern State. Aristotle’s classification, 
based upon what he knew of the history of states and upon 
what he saw about him, represented very accurately the con¬ 
ditions of his time. Naturally enough it does not fit in 
perfectly with modern conditions. The great modern state 
Was a thing undreamed of in Aristotle’s philosophy. In his 
time there was no huge British empire upon whose domin¬ 
ions the sun never sets. There was no Czar of all the Rus- 
sias,i ruling as absolute monarch over millions of peoples 
differing widely in race and culture and over a territory 

1 Even the Russian government has been somewhat modified by the 
establishment of a representative legislative body called the Duma. 


I8 


SCHOOL CIVICS 


inconceivably vast. There was no great federal state with 
a varied population bound indissolubly together by the ties 
of national unity, like the United States. There was just 
the ancient city-state, made up of a single city with a very 
limited amount of outlying territory, occasionally possessed 
of a greater or smaller number of dependencies over which 
it exercised no very definite or regular control, and now and 
then acting temporarily as a member of a league, or loose 
confederation, of similar states. Popular government, in the 
modern sense, was a thought then unborn. 

Applicable to Earlier Forms. If we approach this matter 
of the classification of states historically, we shall find, even 
among very early forms of government, some that do not 
seem at first glance to fall into Aristotle’s classification. 
Tribal government is the earliest known form of govern¬ 
ment. To be sure, the clan preceded the tribe and may 
be regarded as the germ out of which political organization 
developed, but its government is rather a matter of family 
discipline than of true civil government. In the tribe the 
authority of the head, or chief, is not merely paternal or 
patriarchal; it is political. The fact that each tribe has its 
paramount chief indicates where tribal government belongs 
in Aristotle’s classification; it is the rule of one —a mon¬ 
archy. So also with patriarchy (the rule of the father), which 
is sometimes given as a separate form of government char¬ 
acteristic of a very early period of history. Theocracy, or 
government either directly by God or indirectly through his 
priests, also sometimes given as a distinct form of govern¬ 
ment, may be regarded as either a monarchy, on the one hand, 
or an aristocracy or an oligarchy, on the other — a monarchy 
if God is conceived of as ruling directly, an aristocracy if he 
rules through a select few who seek to promote the objects 
of the state, an oligarchy if those objects are perverted. 


DIFFERENT FORMS OF GOVERNMENT 


19 


New Classification Necessary. Thus it is seen that these 
earlier forms of government fall readily enough into the old 
classification. The difficulty arises when we come to deal 
with the modern state. Monarchies still exist, to be sure, 
though in many respects they differ very widely from the 
ancient conception of the monarchy. Aristocracies, on the 
other hand, have disappeared from the modern political 
world. A hundred years ago or more Great Britain might 
still possibly have been pointed to as an example, but with 
the extension of the franchise (the right to vote) that aris¬ 
tocracy also passed away. Finally, the modern republic or 
democracy is truly modern. It had not entered into the 
mind of the ancient world to conceive such an idea. If we 
hope, then, to secure a satisfactory classification of modern 
states, we must make a new one or at least modify the old 
one to make it fit modern conditions. 

What is Sovereignty? Before we attempt to make this 
classification, however, we must make clear, if possible, 
another very important political term, namely, "sovereignty.” 
We are all familiar, of course, with the v/ord " sovereign ” as 
applied to a king or an emperor; and if a foreigner coming 
to our country should ask us, "Who is your sovereign.?” 
probably most people would answer unhesitatingly, "We 
have none.” Now, as a matter of fact, a sovereign exists in 
every state, no matter what its form ; in the United States no 
less than in Russia ; only in the one case sovereignty is vested 
in the whole body of voting citizens, in the other in a sin¬ 
gle individual. Sovereignty may be defined as the supreme 
power by which a state is governed, whether that power be 
vested in an individual or in a number of individuals. It 
requires considerable care in some cases to determine exactly 
where in a state the supreme authority is to be found. It is 
by no means to be taken for granted, because a country has a 


20 


SCHOOL CIVICS 


king and calls itself a monarchy, that the nominal sovereign 
is the real one. The British monarch exercises less real 
power in the government of the British empire than does 
our president in the government of the United States. 

The Unitary State. States may be classified as (i) single, 
or unitary, states; (2) confederations; and (3) federations, 
or federal states. Let us see if we can make clear the 
differences between these forms. The single, or unitary, 
state is the simplest form of the state. In it the national 
government exists quite independently of any minor com¬ 
munities or governments that may exist within it, while 
they, on the other hand, owe to it not only such powers 
as they possess, but usually their very existence. They 
are mere subdivisions of the national government. More¬ 
over, in this form of the state the general government 
operates directly not only upon such minor communities 
but upon the individual citizens. In short, there is in the 
unitary state no suggestion of a division of sovereignty be¬ 
tween two governments — one the national government, the 
other a subordinate government such as our state govern¬ 
ments. France and Great Britain are examples of unitary 
states; so also in a modified sense is each of the states of 
the United States. 

The Confederation. As to the confederation, it is some¬ 
times questioned whether it can properly be called a state 
at all, since it very rarely if ever possesses the distinguish¬ 
ing characteristic of the state, that is, complete sovereignty. 
It is a union of states for certain definite purposes (particu¬ 
larly the purpose of defense), generally not very permanent 
in its character, in which the separate states retain their 
independence, delegating only certain portions of their au¬ 
thority to the union, which acts merely as their agent. Its 
members are not, as in the unitary state, separate individuals. 


DIFFERENT FORMS OF GOVERNMENT 


21 


nor does it deal directly with the individual. It has, as 
Mr. Bryce says, ''no right of taxing him, or judging him, 
or making laws for him ” ; that power belongs only to the 
states. At the same time, in its relations with other states, 
the confederation, so long as it exists, presents much the 
same character as the completely sovereign state and must 
be dealt with by such states in practically the same way. 
Perhaps the most famous confederation of ancient times was 
the Delian Confederacy in Greece. In modern times there 
were several confederations of German states, resulting 
finally in the formation of the German Empire, which 
was a federation; a still more familiar instance is our own 
government as it was under the Articles of Confederation. 

The Federal State. Examples of the unitary state have 
existed from very ancient times. Confederations also, of 
longer or shorter duration, have been formed from time to 
time throughout the course of history. The federal state is, 
on the contrary, a modern political development. In a way 
it may be said to stand between the unitary state and the 
confederation, or perhaps it would be more accurate to say 
that it combines the characteristics of both. Like the con¬ 
federation, it is a union of states ; but unlike it, it is itself 
as unquestionably a state as is the most powerful of unitary 
states. The German language indicates very clearly the 
difference between them by calling the confederation a 
Staatenbiind, the federal state a Bimdesstaat ; that is, to use 
Mr. John Fiske’s very satisfactory translation, the confedera¬ 
tion is a band of states, the federation is a banded state. 
Like the unitary state, it has a direct claim to the obedi¬ 
ence of the individual citizen ; but unlike it, the subordinate 
communities are not mere subdivisions with powers dele¬ 
gated to them by the general government. In some spheres 
of state action they are completely independent states ; in 


22 


SCHOOL CIVICS 


others, namely, in matters pertaining to the common inter¬ 
est, the union alone is supreme. Neither the national gov¬ 
ernment nor the state government is completely sovereign. 
Sovereignty, in a way, is divided between them. To give a 
more formal definition, a federation is a state made up by 
the union of other states that have permanently surrendered 
their right to act independently in matters pertaining to the 
common interest, while they have in other respects retained 
their complete independence. Switzerland and the United 
States are examples of the federal state. 

Further Classifications. Whether a state be unitary, con¬ 
federated, or federal, it assumes in modern times one of 
two forms : it is either monarchical or democratic. Mon¬ 
archies are subject to two further classifications : (i) they are 
either absolute, where the power of the monarch is left 
uncontrolled, or limited, where the power of the monarch 
is controlled by law; (2) they are hereditary or elective, 
according as the office is transmitted to the monarch in 
the line of descent or as he is chosen by the votes of his 
subjects or of a part of them. Democracies likewise assume 
two forms: they are (i) pure democracies, in which all 
the members of the community share directly in the govern¬ 
ment, and (2) representative democracies, or republics, 
in which the government is carried on by a comparatively 
small number of persons, who have been chosen by the 
whole body of citizens to act for them. Of the above 
classifications, that into hereditary and elective monarchies 
is probably sufficiently clear. The others require some 
further consideration. 

Absolute Monarchy. Among the great civilized nations of 
to-day the absolute monarchy is a thing of the past. Russia 
was the last country in Europe that approached an absolutely 
monarchical form of government, and it possessed a nominal 


DIFFERENT FORMS OF GOVERNMENT 


23 


constitution. However, the absolute monarchy of Russia 
before the Revolution of 1905 differed very materially from 
the absolute monarchy of antiquity. The latter was governed, 
not by what we now call law, but by custom — rules of 
action that had been handed down from time immemorial 
and that bound the monarch as firmly as they did his hum¬ 
blest subject. The reign of this customary law the monarch 
could not disturb. He could only issue commands covering 
specific cases and affecting particular individuals. Not so 
with the recent absolute monarch. He could legislate on as 
large a scale as seemed to him good — not issue edicts only, 
covering particular cases, but make general rules of law 
universally applicable. He could do that one day, and the 
next day he could sweep it all away with a word, for his 
word was the only law. In short, the absolute monarch of 
recent times could wield a power that the reign of custom 
made quite impossible to the ancient monarch. 

Limited Monarchy. The modern limited monarchy, called 
also the constitutional monarchy, is one in which the mon¬ 
arch is limited in the exercise of his power by the constitu¬ 
tion of the kingdom. The extent of the limitations imposed 
varies greatly in different countries, and the resulting gov¬ 
ernments shade off from monarchies strongly tinged with 
absolutism to monarchies more democratic in some respects 
than the United States. All the advanced governments of 
the world, no matter what their form, have become during 
the last hundred years or more so deeply penetrated by the 
democratic idea that to-day we are quite justified in saying, 
as one writer does, that monarchies exist only by democratic 
consent. 

Pure Democracy. There remains to be considered the 
democracy — that form of government toward which all 
modern governments seem to tend, in principle at least 


24 


SCHOOL CIVICS 


if not in form. The pure democracy may be passed over 
lightly. Assemblies in which all the people appear, in 
order to take part in the discussion and to vote, become 
obviously impossible as soon as the body politic attains any 
considerable size. The pure democracy as a form of gen¬ 
eral government, that is, as a form of government for the 
whole people, has therefore passed out of existence among 
civilized nations. As a form of local government it still 
exists in this country in the school meeting and town 
meeting, and will be considered in its place (p. 39). 

Representative Democracy. The democracy of the mod¬ 
ern world has assumed another form; it has become the 
representative democracy, or the republic. But this is not 
the only respect in which the ancient democracy differed 
from the modern. To us even the most democratic of 
ancient democracies looks much more like an aristocracy 
or an oligarchy. It was always government by a class, and 
that class usually a minority of the whole population. But 
even with its very limited franchise the ancient democracy 
failed, because it either was in the beginning, or soon be¬ 
came, too large and unwieldy to remain a pure democracy, 
and it never hit upon the happy expedient of representation. 

Representation. This scheme, by which the political 
powers of a whole class or body of individuals are dele¬ 
gated to a single individual who acts as their agent, had 
been in use among the ancestors of the English people 
even before they left their homes in North Germany and 
Denmark to found a new nation in the island country to 
the west of them; nor have their descendants ever relin¬ 
quished their hold upon it. Of course, representation has 
not always meant representation of the whole body of citi¬ 
zens. Great Britain has been during the greater part of her 
history not a representative democracy, that is, a republic, 


DIFFERENT FORMS OF GOVERNMENT 


25 


as she now is (for Great Britain, in spite of her monar¬ 
chical form, belongs in reality among the republics), but a 
representative aristocracy, or oligarchy. Nevertheless, it is to 
our English ancestors that we owe this great principle of 
representation. What our American forefathers did was to 
apply it not to a class but to a whole people. That, how¬ 
ever, was a long step in advance. It meant that they had 
founded the first great nation in the world whose govern¬ 
ment seemed to offer a solution for the old problem of how 
to maintain democratic institutions in a country without plac¬ 
ing impossible and undesirable restrictions upon its growth. 
Whether the problem has even yet been completely solved 
remains to be seen. 

Constitutional Government: Origin. Besides the growing 
tendency toward democracy shown by nearly all modern 
governments, another closely related fact should be noted 
in regard to them. Nearly all modern governments either 
have been from the first, or have become, constitutional. 
Perhaps, indeed, that is only another way of saying that 
they have become more democratic. By a constitutional 
government is meant, of course, one that exists subject to 
a constitution. While the constitutional government is of 
comparatively modern origin, we find the idea that is always 
involved in a constitution, namely, the idea of an agreement 
between ruler and people or between the people themselves, 
existing from very early times. The central idea in early 
Jewish history is the covenant (that is, agreement, contract) 
between Jehovah and his people, while among the Romans 
the idea of the contract was adapted to the daily relations 
of life to a greater extent than in any other nation of antiq¬ 
uity. A contract may be defined as an agreement entered 
into by two or more persons, mutually binding them to do 
or not to do certain things. The English people were 


26 


SCHOOL CIVICS 


thoroughly familiar with both the Jewish covenant and the 
Roman contract. The idea of agreement contained in them 
was first applied to political affairs in England in the form 
of the charter, which was a written concession from the 
king to a group of persons, by which he agreed to confer 
upon them certain privileges in return for certain duties 
which they were to render him. Such contracts were used 
largely for purposes of trade and colonization. Sometimes, 
however, they were purely political in character (as, for 
instance, Magna Charta, or the Great Charter, reluctantly 
granted by King John in 1215, now the foundation of the 
British constitution), and sometimes they were partly so (like 
the charters granted by the English government to some of 
the American colonies, which were made to serve to a great 
extent the purposes of a written constitution). 

The Written Constitution. Long familiarity with the Jew¬ 
ish covenant and the use of the contract and charter, to¬ 
gether with a widespread belief in the social-compact theory 
(p. 3) of the origin of government, turned English attention 
in the seventeenth century very decidedly toward the written 
constitution, and several attempts at, and suggestions for, 
such a constitution were made, without permanent result. It 
was among the American colonists, who had brought the 
idea with them from England, that the document often 
called, perhaps not quite accurately,^ the first written con¬ 
stitution known to history was actually wrought out. This 
document, known as the Fundamental Orders of Connecti¬ 
cut, drafted in 1639 by the people of the three towns of 
Windsor, Hartford, and Wethersfield and confirmed by 
Charles II in 1662, created the government under which 
the people of Connecticut lived until that state had been 
for nearly thirty years a member of the Union. 

1 See Political Science Quarterly, Vol. XIV, pp. 251-280. 


DIFFERENT FORMS OF GOVERNMENT 


27 


The Unwritten Constitution. Not all modern govern¬ 
ments, however, are founded on written contracts, nor must 
it by any means be supposed that because a government 
lacks such a document it is therefore not a constitutional 
government. Constitutions may exist quite as well in the 
form of precedents, or laws generally recognized as the 
basis of the government without being committed to writing 
and labeled as such. Under such an unwritten constitution 
the people know just as well what to expect of their rulers 
as they do in the United States; the principles on the 
basis of which government is operated are just as thor¬ 
oughly established. If, then, we define a constitutiori as 
the fundamental law which determines the form of goveni- 
me 7 it and defines and limits its powers^ we shall be able 
to include under the definition both the written and the 
unwritten constitution. 

Rigid and Flexible Constitutions. We sometimes hear also 
of rigid and flexible constitutions. A constitution that has 
been written out, with each department of government care¬ 
fully described and with every privilege mentioned, is likely 
to be much more difficult to change than one that has been 
expressed in no precise terms and with the general outlines 
vaguely sketched by usage. A constitution of the former 
sort is called rigid; of the latter kind, flexible. 

What is the Best Form of Government ? The question is 
not infrequently asked. What is the best form of govern¬ 
ment .? It is not a question that can be answered dogmati¬ 
cally. There is no absolutely " best ’’ form of government 

_best under all conditions. To conclude that republicanism, 

because it has been successful in the United States, would 
be an equally desirable form of government for the inhabit¬ 
ants of Borneo, let us say, or for Russia, would be simply 
absurd. Perhaps the most we can say is that the best form 


28 


SCHOOL CIVICS 


of government is that through which, under given condi¬ 
tions, the state can best accomplish its end, that is, can 
best develop the individual hi society. It is nevertheless 
true that there are certain advantages and certain disad¬ 
vantages naturally inherent in each of these forms. The 
monarchy is naturally a strong centralized government, that 
is, a government in which great power rests in the hands 
of a single person; the republic, on the contrary, tends 
naturally toward decentralization, that is, division of political 
power among all the members of the body politic. 

Centralization. The circumstances under which our own 
government came into existence have tended to fix very 
firmly in American minds the erroneous belief that central¬ 
ization is necessarily an evil. Under some circumstances it 
may be the best possible form of government. In the first 
place, it possesses the sometimes indispensable advantage of 
being strong on the administrative side, that is, of doing 
promptly and efficiently what it sets out to do. In a nation 
struggling for its existence against hostile nature or hostile 
men, or both, this power of rapid and effective execution 
becomes absolutely indispensable. Even highly decentral¬ 
ized governments, such as that of the United States, have 
recognized this by granting to the chief executive extraor¬ 
dinary powers in time of war or similar emergencies. It is 
sometimes argued also that a better government can be ob¬ 
tained through a single man or a few men specially trained 
for their work than through a whole people, the great mass 
of whom are either too ignorant to know what is desirable, 
too indifferent to care, or too wicked to wish for it. The 
specially trained man, — the political expert, so to speak, — 
or he and his colleagues together, would be able to view 
impartially the whole field of governmental action and then 
to act, not in the interest of a class or of a bare majority. 


DIFFERENT FORMS OF GOVERNMENT 


29 


but of the whole people. Such a government, it is argued, 
would free us from the so-called " tyranny of the majority.” 
Further, this concentration of power in the hands of one or 
of a few means also concentration of responsibility. Know¬ 
ing where the power lies, we know also where to lay the 
blame and how to punish the wrongdoer in case that power 
is abused. On the other hand, there exists always in the 
centralized government the possibility that the ruler may fail 
to regard himself simply as a depositary of power to be used 
for the benefit of those who bestowed it, and may seize the 
opportunity to exploit his people in his own interest. More¬ 
over, it tends to deprive the people of initiative, of self- 
reliance, of the willingness to undertake things for themselves. 

Decentralization. From what has been said about the 
advantages and disadvantages of centralization it is perhaps 
easy enough to infer what are the principal arguments for 
and against decentralization. The verdict of history seems 
to be that for a settled industrial population, whose chief 
business in the world is their own development and the 
development of their country’s resources, the decentralized, 
republican form of government is the most satisfactory'. It 
furnishes, on the whole, the surest means of securing the 
interests of the whole people; it leaves individual initiative 
intact; it educates the people to political responsibility. On 
the other hand, it is likely to be administratively weak ; there 
exists always the possibility that, through the ignorance or in¬ 
difference of the mass of the people, low political ideals may 
prevail; and, since political responsibility is diffused, there is 
danger always of a weakening of the sense of responsibility. 

Library References. Wilson, §§ 1161-1181; Fiske, chap, vii, 
pp. 195-201 ; Hinsdale, pp. 17-24; Lalor, articles on "Monarchy,” 
" Democracy,” " Centralization and Decentralization,” etc.^ 

1 Woodburn, American Republic and its Government, pp. 47-58. 


30 


SCHOOL CIVICS 


QUESTIONS ON THE TEXT 

1 . Define three forms of government known in history. Dis¬ 
tinguish between them, giving an example of each. Mention the 
three most common forms. Give one element of strength and one 
of weakness in each form mentioned. 

2. Define the following forms of government and give an 
example of each; (i) monarchy; (2) aristocracy; (3) oligarchy. 

3 . What is the earliest-known form of government } 

4 . Mention one advantage and one defect of patriarchal gov- 
ernment. What conditions make such a government impossible 
among civilized people at the present time ? 

5 . What is meant by a sovereign state } 

6. What is a democracy ? a republic ? What republic of the 
present time approaches most nearly to a pure democracy ? Give 
reasons. 

7 . Explain the difference between a pure democracy and a 
republic. Give an example of each. 

8. Which is the older form of government, a republic or a pure 
democracy.? Explain. 

9 . Distinguish between a limited monarchy and a republic. 
Give an example of each. 

10. Explain the vital importance of the principle of represen¬ 
tation. 

11. Show that in a democratic form of government the right to 
vote implies the duty to vote. 

12. Show why the education of the masses is important in a 
republic. 

13 . Should an elementary^ education be given at public expense 
in this country ? Give a reason for your answer. 

14 . Distinguish between a despotism and a democracy. Give 
an example of each. 

15 . Define "charter” ; "constitution.” 


DIFFERENT FORMS OF GOVERNMENT 


31 


16 . What is the object of a constitution? Illustrate by citing 
the constitution of the United States. Mention the first written 
constitution in history. 

17 . How many kinds of constitutions are there? 

18 . How is a written constitution formed ? How is it adopted ? 
Explain the advantages to the people of a written constitution 
over an unwritten constitution. Illustrate by reference to the 
government of the United States. 

19 . What form of government do you consider best ? Give a 
reason for your answer. 

20 . Mention the principal objects of government. Under what 
form of government are these objects best attained ? Prove your 
statement. 

21 . State the advantages or the disadvantages of a strongly 
centralized government like that of Russia as compared with a 
government like that of the United States. 

22 . State two conditions under which a monarchy would be a 
better government than a republic. Give reasons. 

23 . Contrast an absolute monarchy with a republic, showing 
advantages and disadvantages of each. 

24 . State the advantages and defects of a republican form of 
government. 

25 . Is a republic the best form of government under all circum¬ 
stances ? Give reasons. 


CHAPTER III 


COLONIAL GOVERNMENT IN AMERICA; ITS ORIGIN AND 
DEVELOPMENT 

Introductory. We are not concerned here with the cir¬ 
cumstances, however interesting, which prompted the settle¬ 
ment of so large a portion of America by English colonists. 
What does concern us is the character of the various gov¬ 
ernments established by them in those thirteen provinces, 
and the development which those governments underwent 
up to the time when they united to form the nucleus of a 
great federal state. For it should not be supposed that the 
makers of our federal constitution, great as was their work, 
were miraculously creating a government where nothing of 
the kind had existed before. Besides the clearly defined 
body of political principles that seems to be the birthright 
of every community of English descent, and besides their 
knowledge of the English constitution, they could rely upon 
their experience in state and constitution building in their 
own country. They were familiar with the history of the 
colonial governments up to the time when they became 
states; many of them had participated in the formation of 
state constitutions; and all had had opportunity to observe 
the working of government under state constitutions which 
had already been adopted. 

Charter Government. From the beginning, English colo¬ 
nists coming to America brought with them governments 
ready made, as it were, though not all of one type. The 
earliest form of colonial government in this country was 

32 


COLONIAL GOVERNMENT IN AMERICA 


33 


that known as charter govemme^tt. Colonization companies 
secured from the king a sort of written permit called a 
charter, defining, usually very loosely, the geographical 
boundaries within which settlement was to be made, and 
determining much more clearly the rights and privileges 
of the colonists. These charters outlined a form of govern¬ 
ment for the colonies sent out under them, and were in 
reality a sort of imperfect written constitution. The govern¬ 
ments established under them were democratic in their 
nature, the colonists being given the power of selecting for 
themselves a governor, a council, and an assembly, except 
in Massachusetts, where after 1691 the governor was ap¬ 
pointed by the king. The governor and his council were 
not, as might be supposed, charged merely with the execu¬ 
tion of the laws; they exercised also considerable legislative 
power. Important laws had to be referred to the king for 
his approval. Courts were established by the assembly; the 
judges were appointed by the governor. Except in Con¬ 
necticut and for a time in Massachusetts, appeals from 
these courts were addressed to the home government. Of 
the original thirteen colonies, four — Massachusetts, Rhode 
Island, Connecticut, and Virginia — began as governments 
of this kind, but Virginia was soon deprived of her charter 
(1624), so that at the outbreak of the revolution only three 
charter governments existed. 

Proprietary Government. Those colonies that did not 
begin their existence as charter colonies were originally of 
the form known as proprietary governments. In the case 
of these colonies the grant of territory was made by the 
king directly to an individual called a proprietary, who 
held it after much the same fashion as the feudal lords 
held theirs in earlier times. Although by the king’s grants 
the proprietaries were given very extensive powers of 


34 


SCHOOL CIVICS 


government, as a matter of fact most of them established 
governments nearly as liberal as those existing in the char¬ 
ter colonies. The governor and council, however, as well as 
the judges, instead of being elected, were usually appointed 
by the proprietary; and important laws had to receive not 
only his sanction but, except in Maryland, that of the king 
as well. Of the eight colonies that began as proprietary^ 
governments only Maryland and Pennsylvania and Dela^ 
ware retained this form of government throughout the 
period of colonial history. 

Royal Province. We find, then, that seven out of the 
thirteen colonies changed their governments during colonial 
times from the charter or proprietary form to some other, 
and this other was the third and last form of English colo¬ 
nial government in America — namely, the royal province. 
In these colonies the government came more directly into 
the hands of the mother country, though even here the colo¬ 
nists retained no small measure of independence. The 
king appointed the governor and the governor’s council, 
the latter to act not only as an advisory body to the gov¬ 
ernor—a sort of cabinet—but also as the upper house of the 
colonial legislature — a senate. The governor had the right 
to veto any law passed by the colonial legislature, as well as 
the power of assembling and dissolving that body. In him 
also resided the power of establishing courts and raising 
military forces. Of course all important laws were sub¬ 
mitted to the king for final approval or disapproval. All 
this, however, appears much more formidable than it was 
in reality, for the people everywhere retained the right to 
elect representative assemblies; and since these alone had 
the power to lay taxes, that is, the control of the funds for 
the support of government, the king’s representatives found 
their powers somewhat illusory. 


COLONIAL GOVERNMENT IN AMERICA 


35 


Governmental Similarity in the Colonies. Thus, although 
there existed, at the outbreak of the Revolution, three forms 
of English colonial government in America, the thirteen 
colonies showed a decided similarity in their political 
arrangements. ''The differences related to the character 
and method of filling the governor’s office.” Two colonies 
selected their own governors, but in all the others that 
official was appointed by the king or the proprietary. Each 
had a legislative assembly chosen by the people, which con¬ 
trolled the expenditure of money and formed the lower 
house in the colonial legislatures. Each likewise had a 
governor and council, who, except in Pennsylvania and 
Delaware, participated in legislation. The council also acted 
as advisers to the governor and assisted him in the execu¬ 
tion of the laws. The colonists were entitled everywhere to 
the rights and privileges of English citizens living in Eng¬ 
land. It should be noted also that everywhere the character¬ 
istic features of the English government were reproduced 
in the new country. 

Change from Colonies to States. A time came in the 
history of these thirteen divisions, when they ceased to be 
called colonies and became states. The essential character¬ 
istic of a colony is its dependence upon a mother country. 
There came a time, then, when they ceased to have a mother 
country and became independent communities. The events 
that brought into existence the Declaration of Independence 
need not be recounted. Some changes in the forms of gov¬ 
ernment were inevitable when the ties were broken that 
bound the colonies to the mother country. As a matter of 
fact, the reorganization of the colonial governments antici¬ 
pated by more than a year the separation of July 4, 1776. 
As early as May, 1775, Massachusetts asked the advice of 
the Continental Congress on the subject of changing her 


36 


SCHOOL CIVICS 


form of government in view of her hostile relations with 
England. Three other colonies followed her lead, and Con¬ 
gress finally advised them to establish a satisfactory form of 
government " during the continuance of the dispute with 
Great Britain.” In May, 1776, Congress took a more deci¬ 
sive step, one that really involved the complete independ¬ 
ence of the colonies, by recommending ” the respective 
assemblies and conventions of the United Colonies ... to 
adopt such a government as shall in the opinion of the 
representatives of the people best conduce to the happiness 
and safety of their constituents in particular and of America 
in general.” Thus in all the colonies but three the change 
from colony to state was effected before the Declaration of 
Independence, but in many states the change was regarded 
as provisional, looking forward to a reconciliation with Eng¬ 
land. The governments adopted were all based on written 
constitutions. In most cases the change from colony to state 
was effected in haste, and in two colonies, Connecticut and 
Rhode Island, a simple resolution of the colonial legisla¬ 
ture perpetuated the old government, omitting, of course, 
the king. 

The Early State Governments. The form of government 
provided by these state constitutions was very similar to 
that with which the states had been acquainted as colonies. 
No radical changes were effected, for a people does not 
break suddenly with old customs and traditions. The gov¬ 
ernments were republican in form, though not every male 
person was allowed to share in them, the right to vote rest¬ 
ing usually on a property qualification.^ The old colonial 
legislatures were replaced by state legislatures consisting 
usually of two houses — a lower house apportioned accord¬ 
ing to population and elected by the qualified voters; an 

1 Montgomery, Student’s American History, p. 159. 


COLONIAL GOVERNMENT IN AMERICA 


37 


upper house equivalent to the old colonial council, in some 
states elected, in others appointed, and possessed of a higher 
property qualification than the other. The oppressive con¬ 
duct of the king’s agents (the royal governor and his coun¬ 
cil) had made the colonists extremely suspicious of a strong 
executive; and with the possible exception of Massachusetts, 
the new states gave the governor little real power. In four 
states there was a plural executive. The old colonial system of 
courts was maintained with few changes. Perhaps the most 
important of those that were made was the provision for a final 
court of appeal in all the states but Georgia, and for a change 
in the method of selecting the judges. In some states they 
were appointed; in others, elected. In almost all the states 
their independence was secured by providing for long terms. 

Local Government: the Town. In addition to these gen¬ 
eral provincial or colonial governments, however, there were 
in each colony subordinate forms of government. These 
had a greater influence, perhaps, in shaping the political 
character of the American people than had the governments 
of the larger areas just described. Of these subordinate gov¬ 
ernments the most important in many respects was the town, 
or township. This form of local government is older than 
the English nation itself. When the Germanic tribes that 
were destined to grow into that nation left their homes in 
North Germany and migrated to England, they brought 
with them this thoroughly democratic form of government; 
and not only that, but they called it by the same name. 
Our word " town ” is just the old Anglo-Saxon word tun in 
modern dress. Ttin meant originally the wall or boundary 
about a village, maintained probably for purposes of defense; 
but later the word came to designate first the inclosed space 
and then the community and the government peculiar to it. 
All the important business of the tun was transacted in a 


38 


SCHOOL CIVICS 


tungemot, or tun moot (town meeting), made up at first of 
freemen, later of tenants, as the towns often fell into the 
hands of great nobles. The most important powers of this 
meeting were to enact "by-laws” (that is, etymologically, 
town laws) and to try petty offenses. The chief officers of 
the tun were the gerefa^ or reeve^ and the bydel (beadle, or 
messenger), who were chosen by the people if the tun was 
free, but appointed by the lord if it was dependent. The 
town was also the unit of representation for the larger areas 
of government. 

The Parish. Long before the settlement of America 
began, however, England had been divided not into towns 
only, but into parishes. The parish generally coincided in 
area with the town, and was at first merely the town organ¬ 
ized for religious purposes; but when the towns, having for 
the most part fallen into the hands of the great feudal lords, 
had become manors and had lost many of their ancient 
privileges, self-government still survived to a very consider¬ 
able degree through the parish, which gradually became a 
civil as well as an ecclesiastical division. When the Pilgrims 
came to America in 1620, they left the lords of the manor 
behind them. There was no longer any need for perform¬ 
ing civil functions through an ecclesiastical body, and the 
old term "town” (or "township”) became again the name 
of the local civil division, though the term "parish” was 
retained to designate the township as a religious division. 

The Town in New England. There were several reasons 
why this very democratic form of local government was pe¬ 
culiarly adapted to the needs of the New England settlers. 
As we have already seen (p.23), pure democracy can succeed 
only in communities of very limited size; and circumstances 
in early New England all combined to keep the commu¬ 
nities small, or rather to keep them compact. In the first 


COLONIAL GOVERNMENT IN AMERICA 


39 


place, the settlers, having come to the New World by con¬ 
gregations led by their own clergymen, and desiring to wor¬ 
ship in their own churches, naturally settled in somewhat 
compact bodies about their churches. Moreover, they found 
the country ill suited to farming on a large scale after the 
manner of the Virginia plantations, so that a majority of 
the people lived on small farms close together. And finally, 
this compactness afforded needed protection against hostile 
Indians, though fear of the Indians would probably not have 
prevented the scattering of the colonists, had that seemed 
otherwise desirable. 

The Town Meeting. In those colonies where town gov¬ 
ernment was adopted, the town meeting was the real core 
of political life. All the male inhabitants of legal age (in 
some colonies the additional qualification of church member¬ 
ship was prescribed) attended the sessions, which were in 
some cases frequent enough to encroach upon the ordi¬ 
nary business of the community.” A chairman, called a 
moderator, was chosen by the assembled people as presiding 
officer, and the minutes were kept by the town clerk. The 
business of the meeting was (i) to levy taxes for the pur¬ 
pose of paying the minister’s salary, providing for schools, 
etc.; (2) to choose town officers and representatives to the 
colonial legislature; and (3) to make by-laws regulating the 
construction of fences, the laying of boundary lines, and 
the making of roads. The execution of the more important 
laws was intrusted to the officers chosen in this meeting. 
Probably the most important of these were the selectmen 
(from three to thirteen in number), the constables, and the 
town clerk. The selectmen were the financiers of the town 
and appointed many of the minor officers, the constable made 
arrests, and the town clerk kept the records. The judicial 
business was intrusted to one or more justices of the peace. 


40 


SCHOOL CIVICS 


The County: its Origin. While the town was so impor¬ 
tant a unit in New England, other forms of local govern¬ 
ment were adopted and had a vigorous growth in other parts 
of the thirteen colonies. Probably next in importance to the 
town was the county. Here again is to be seen the re¬ 
appearance of an English form of government in the new 
country. The American county traces its origin back to the 
time when the people of England lived in tribes and were 
governed by chiefs. There came a time when the separate 
tribes were welded together to form an English nation. 
When this change came, the old lines of division w^ere not 
entirely obliterated, the districts formerly occupied by the 
separate tribes being retained as shires (parts cut off) for 
the purpose of caring for the local needs of every part of 
the country. The shire,' then, was a much larger division 
than the tun, or town, and included within its borders many 
of these smaller units. It was not, however, later in origin, 
but developed side by side with the smaller unit. 

The Shire becomes the County. As the shire was larger 
than the tun, its government partook more of the repre¬ 
sentative character than did that of the latter. Its moot 
(meeting) was not primarily a law-making body, but a 
court for the trial of important cases and a means of col¬ 
lecting revenue to fill the national treasury. The shire reeve 
(sheriff) was the financial agent of the king in the shire, 
besides being intrusted with the care of the criminals. The 
ealdorman (" elder ” man) sat in tire moot as the interpreter 
of the law for the assembled people. Long before the set¬ 
tlement of America, however, the shire had become gener¬ 
ally known as the county, that is, a district administered by 
a count. This change, along with many others, was due to 
the conquest of England by the Normans. Not only did 
the shire become the county, but the ealdorman was replaced 


COLONIAL GOVERNMENT IN AMERICA 


41 


by the count, and the shire moot became the county court. 
The functions of the shire were, however, retained. 

Adoption of the County in America. This form of govern¬ 
ment, so materially different from town government, was 
introduced largely in the Southern colonies, appearing first 
in Virginia. For a widely scattered population, such as that 
of Virginia soon became, town government would have been 
practically impossible, even had the people desired it. The 
followers of Smith had, indeed, first settled in villages, but 
all the circumstances in early Virginia operated against 
the building up of towns and in favor of the development 
of great plantations. The extreme fertility of the soil, favor¬ 
ing as it did the cultivation of great crops of tobacco, tended 
naturally toward the creation of large estates, and this tend¬ 
ency was facilitated by the rise of slavery. Moreover, 
numerous navigable rivers made it possible for most of the 
planters to transport their goods directly to England and to 
import their supplies directly from there, so that there was 
no occasion for the building up of market towns. 

The Virginia County. Like its prototype in England, the 
county in Virginia was primarily an area for the adminis¬ 
tration of justice, though the county court performed some 
other duties not distinctly judicial in character. This court 
consisted usually of eight justices of the peace, who were 
nominally appointed by the governor. As a matter of fact, 
however, the court really filled its own vacancies, for it was 
customary for them to nominate the candidates to be ap¬ 
pointed by the governor. Besides exercising jurisdiction over 
certain civil and criminal actions and over the administration 
of wills, etc.,—that is, besides its ordinary judicial func¬ 
tions,— the county court also had the care of the bridges 
and highways, and assessed the county taxes. The mere 
enumeration of the duties performed by the county court. 


42 


SCHOOL CIVICS 


however, gives little idea of the real importance of the county 
in the political life of the colony. It was the unit of repre¬ 
sentation in the colonial legislature, just as the town was that 
unit in New England ; and in spite of the absence of a demo¬ 
cratic assembly like the New England town meeting, the 
county, with its county court and its frequently recurring 
'' court days,” when people of all sorts and conditions came 
together at what we should now call the county seat, to 
buy and sell and to discuss public affairs, was a scarcely 
less influential factor in the development of political life 
than was the New Engand town meeting. 

New England adopts the County. Thus the town in New 
England and the county in the South were the principal 
means of caring for the local needs of the colonists. The 
people of New England, however, soon found that the 
county provided for many needs that the town could not 
conveniently supply, and so introduced the county to supple¬ 
ment the town. The town, however, still remained the more 
important unit. This practice of adding the county seems 
to have been universal wherever the town developed, but 
the town was not as a rule adopted by those colonies where 
the county was introduced. Other forms took the place of the 
town — notably the parish, the hundred, and the manor. 

The Hundred; the Manor. The hundred is an ancient 
territorial unit in England, less than the shire, or county, 
and usually greater than the parish, or town. Its name was 
probably derived from a convenient grouping of one hun¬ 
dred families for purposes of defense or administration. It 
had its own court, which seems to have had equal authority 
with the county court but to have been restricted to cases 
of debt, trespasses, and the like. The hundred was not a 
mere subdivision of the county, and was not only a political 
and administrative unit but a communal unit as well. It was 


COLONIAL GOVERNMENT IN AMERICA 


43 


liable for damages for a misjudgment of its court and was 
held responsible for robberies and thefts if the guilty were 
permitted to escape. 

The ma 7 ior was a district held by a baron or lord as a 
tenant of the king or of the king’s representative. The 
baron or lord of the manor exercised authority over those 
who resided within the district; these either were nonfree 
peasants living on the estate — the servants of the lord — 
or were freemen subrenting from him. Neither the hundred 
nor the manor was widely adopted in America. 

The English Parish. The parish has already been referred 
to as the form assumed by the English town long before the 
settlement of America. Its affairs were administered by 
vestrymen, who were chosen by the whole body of church 
members, or "ratepayers,” as they were called. If it is 
remembered that this body was made up of the same per¬ 
sons who had been members of the town meeting, — that it 
was, in other words, only the town meeting in its ecclesias¬ 
tical aspect, — it will not be difficult to understand how it 
came about that the parish, after the growth of feudalism 
had turned the town into a manor, should inherit such 
portion of the town’s privileges as did not pass into the 
hands of the barons. Thus it happened that the ratepayers 
in the English parish elected not only church officers, but 
surveyors of highways, collectors of taxes, and overseers of 
the poor as well; and the parish still retained the right to 
enact by-laws. 

The Parish in Virginia. This English parish reappeared 
in Virginia and in some of the other Southern colonies, but 
the Virginia parish was not a faithful copy of its original. 
In Virginia, taxes were assessed and by-laws enacted, not by 
the whole body of church members, but by twelve men 
elected by the people. Thus, even in the parish, government 


44 


SCHOOL CIVICS 


was representative instead of purely democratic. After a time 
even representative government was given up, and these 
twelve vestrymen " obtained the power of filling vacancies 
in their own number,” so that the parish became oligarchical 
in its character. This vestry "apportioned the parish taxes, 
appointed the church wardens, presented the minister for 
induction into office, and acted as overseers of the poor.” 

The Mixed System. It was left for the great middle colo¬ 
nies of New York and Pennsylvania to develop, by means 
of a combination of town and county governments, a sys¬ 
tem of local government that has been copied, with some 
modifications, throughout the United States. By a wise dis¬ 
tribution of powers between the town and the county there 
was produced " a vigorous town government possessing all 
the necessary means of self-help, cooperating with and in 
some measure dependent on, a strong county administra¬ 
tion.” The bond of connection was a county commissioner, 
or supervisor, who corresponded to the selectman in the 
New England town, and was at the same time a member of 
the legislative body of the county. Under this organization 
the sheriff of the Virginia county and the important officers 
of the New England town were retained, with their more 
important duties, but the town meeting lost something of 
the importance that characterized it in New England. 

Library References. Macy, chaps, i-iv, xiv-xvii; Fiske, pp. 16-54, 
57-80, 146-172; Hinsdale, chaps, i-iv; Wilson, §§ 832-856, 995-1005, 
1018-1028; Bryce, Vol. I, pp. 427-433, 589-593; Bancroft, Vol. V, 
pp. 111-125; Schouler, Vol. II, pp. 208-215; McMaster, Vol. Ill, 
pp. 146-162; Channing, chaps, ii-iii, pp. 198-200; Montgomery, pp. 157- 
161 ; Fiske, American Political Ideas, pp. 17-56; Fiske, Old Virginia 
and her Neighbors, Vol. II, pp. 30-44; Thwaites, pp. 55-63, 109-110, 
192-193 ; Hart, pp. 80-82 ; Tyler, Patrick Henr)^, chap, xii; Roosevelt, 
Gouverneur Morris, chap, hi; Roberts, Vol. II, pp. 434-436; Stubbs, 
Constitutional History, Vol. I, chap, v; Taswell-Langmead, pp. 17-19. 


COLONIAL GOVERNMENT IN AMERICA 


QUESTIONS ON THE TEXT 

1 . Describe two different forms of colonial government that 
prevailed in this country before the Revolution. 

2 . Explain the origin and trace the development of the town 
as a unit of government; the county. 

3. Describe the development of the town in England. Account 
for the transference of the town to America. 

4. Describe the New England township and show in what 
respect it is (i) a direct government by the people; ( 2 ) a unit of 
representation. 

5. (i) State briefly the origin and influence of the town meeting. 
( 2 ) Why did the township become the unit of government in New 
England and the county in Virginia ? ( 3 ) What was the parish ? 

6 . Show the importance of the town in its relation to the prin¬ 
ciple of representation. Explain its importance as an aid to the 
maintenance of popular government. 

7. Give historical facts tending to show the sources from which 
our ideas of the county are developed. 

8 . Describe the development of the county in England, and 
explain the modifications it has undergone on American soil. 


CHAPTER IV 


ATTEMPTS AT ITNION (1643-1777) 

Reluctance to Unite. Accustomed as we now are to 
thinking of our nation as a unit, and of the union as indis¬ 
soluble, it is difficult for us to realize the separateness of the 
colonies, or to understand the reluctance with which they 
■yielded to the slowly growing sentiment in favor of union. 
Between the formation of the first intercolonial league in 
America and the adoption of our federal constitution there 
elapsed almost a century and a half, the last quarter century 
of which was crowded with events of such a character as to 
compel recognition of the necessity of union ; yet even then 
so imperfectly was the lesson learned that after seventy years 
more there was required, in order to teach it completely, the 
costliest and bloodiest civil war known to history. 

Influences favoring Union. There were, of course, from 
the beginning strong forces operating to draw the colonists 
together; had there not been, our present union would have 
remained forever impossible. The colonists were nearly all 
of English descent, and all in a way Anglicized; for even 
where other elements had entered into the population, the 
English type had prevailed. They all spoke the English 
language ; they were Protestants in religion, however fiercely 
controversies might rage between sects; they all possessed 
English ideas of political justice and English political insti¬ 
tutions. Finally, and this was the immediately impelling 
force at each advancing step toward union, they were all 
threatened by the same enemy — at one moment the Indians, 

46 


ATTEMPTS AT UNION 


47 

at another the Dutch, at another the French, at another the 
mother country across the sea. 

Disintegrating Forces. With such motives as these im¬ 
pelling to union, the wonder is that it did not come sooner. 
The fact that it was so long delayed gives some measure 
of the forces tending in the opposite direction. It may 
fairly be said that, until the Revolution was actually upon 
them, the colonies were more distinctly conscious of their 
separateness than of their unity, and, on the whole, more 
desirous of maintaining it. From the beginning every colony 
had been politically separate from every other; and if, as 
happened once or twice, a league was formed for the ac¬ 
complishment of a specific purpose, the colonies concerned 
took good care to make it clear that they meant to sur¬ 
render no part of their independence. In spite of their 
physical nearness there was no more political connection 
between New York and Virginia than between New York 
and the British possessions in India. Both were more or 
less directly subject to the home government, and that was 
all. Even geographically the colonies were less closely 
united than they seem to us now. Had they been planted 
along some great interior waterway like the Mississippi, 
commercial necessities would soon have forced them into 
some sort of union; but, scattered as they were along the 
coast, each possessing its own coast line, its own harbors, 
and its own interior waterways, it was possible for them to 
remain for an indefinite period commercially independent 
of each other. Moreover, communication between the colo¬ 
nies was by no means easy. In the stormy winter the voy¬ 
age along the coast was dangerous and difficult, while the 
land journey, lying often through pathless wildernesses, was 
even slower and more perilous. To travel from Charleston 
to Boston by land required as much time and involved no 


48 


SCHOOL CIVICS 


fewer hardships than did a voyage across the ocean. Indus¬ 
trial differences, too, kept the colonies apart. Here shipping 
was the chief industry; there wealth consisted principally of 
slaves; elsewhere the population was made up mostly of 
small farmers. And, finally, it should be remembered, popu¬ 
lation was in many regions so sparse, and governmental 
action so little felt, in the way of either assistance or re¬ 
straint, that many of the colonists hesitated to subject them¬ 
selves to a new government, lest they should lose their 
cherished independence. Of local pride and patriotism there 
was enough and to spare, but it was only the stress of the 
approaching Revolution that quickened into life the feeling 
of national unity. Until then, as has been said, "with the 
exception of the larger spirits, Carolinians were content to 
be Carolinians, Virginians to be Virginians, New Yorkers 
to be New Yorkers.” 

The New England Confederacy. In view of these disin¬ 
tegrating tendencies, all the pre-Revolutionary attempts at 
union among the colonies are important. They are the 
means by which was slowly formed the habit of acting to¬ 
gether, without which the Revolution must have ended in 
failure, and which was destined to form a stable basis for 
the newborn government. The first intercolonial union ever 
formed in America was a league entered into in 1643 by 
the colonies of Plymouth, New Haven, Connecticut, and 
Massachusetts, and known as the United Colonies of New 
England or the New England Confederacy. Later New 
Hampshire became a member of the union, but the two 
other New England colonies, Rhode Island and Maine, 
which we might have expected to find included also, were 
left out on religious grounds. The league grew out of the 
necessities of the time. Surrounded on all hands by ene¬ 
mies, with the energetic PYenchman grasping eagerly at 


ATTEMPTS AT UNION 


49 


coveted trading stations, with the sturdy Dutchman push¬ 
ing steadily closer to their borders, with the wily Indian 
watching unremittingly for any sign of weakness, the New 
England colonies were forced to seek strength in union, 
particularly since the English government was engaged in 
a struggle at home too desperate to admit of its affording 
any protection to these distant colonies. 

The Confederacy a Step toward Union. In its nature the 
Confederation was of the loosest sort, and Massachusetts 
refused on occasion to be bound by the agreement entered 
into on the formation of the league; but in spite of this 
the union lasted more than forty years, going to pieces 
finally in 1684, the year in which Massachusetts lost her 
first charter. There can be no question that the Confed¬ 
eration was of the greatest assistance to the colonies in 
the accomplishment of the ends for which it had been 
directly formed, but it could hardly have existed so long 
without producing, as its indirect effect, a completer sense 
of community of interests in the colonies concerned. 

Albany Congress. Even before the dissolution of the 
New England confederacy there had been suggested a 
plan for the union of all the colonies on a military basis. 
This suggestion had been made in 1660 by a royal com¬ 
mission known as the Council for Foreign Plantations, but 
nothing came of it. After the dissolution of the New Eng¬ 
land confederacy, and during the long period of the wars 
with the French, combined action on the part of the colo¬ 
nies was frequently necessary, a number of conferences 
occurred, and a series of similar suggestions for union was 
made, the plans emanating now from the colonists, now 
from the home government, but none of them resulting in 
any action. Finally, in 1754, occurred the conference or 
convention known as the Albany Congress, called at the 


50 


SCHOOL CIVICS 


suggestion of the home government for the purpose, among 
other things, of devising some plan for concerted action on 
the part of the colonies in the event of another war with 
France. Seven of the thirteen colonies — New York, Penn¬ 
sylvania, Maryland, New Hampshire, Massachusetts, Rhode 
Island, and Connecticut — sent representatives. The con¬ 
vention appointed a committee to draw up a plan of union 
and accepted the plan presented, which was principally the 
work of Franklin. 

Franklin’s Plan. According to this plan the affairs of 
the united colonies were to be administered by a " presi¬ 
dent-general” and a ” grand council,” the latter to be 
elected by the colonial assemblies. The president-general 
was to be appointed by the Crown and was to possess the 
veto power over the acts of the council. The grand coun¬ 
cil was to consist of forty-eight representatives, apportioned 
among the colonies according to "the proportion of money 
arising out of each colony to the general treasury ” ; but no 
colony was to have less than two representatives or more 
than seven. It was to be the duty of the council to enact 
ordinances of general interest, to promote the general wel¬ 
fare, to appoint civil officers with the consent of the presi¬ 
dent-general, to provide for the defense of the colonies by 
apportioning the quotas of men and money to be raised by 
the various colonies, and to control the army. Though the 
plan had been unanimously accepted by the convention, it 
met with rejection at the hands of both the home govern¬ 
ment and the colonial assemblies, the colonists declaring 
that it gave too much power to the Crown, the home gov¬ 
ernment regarding it as too democratic. The convention, 
though it failed to effect an immediate union of the colo¬ 
nies, nevertheless assisted in no small measure in making 
union ultimately possible; for it brought together for the 


ATTEMPTS AT UNION 


51 


first time leading men from nearly all the colonies and en¬ 
gaged them in discussions, which must have done much to 
break down local prejudices and to awaken a sense of 
common interest among the colonists. 

Stamp Act Congress. Eleven years passed after the dis¬ 
solution of the Albany convention without the meeting of 
another intercolonial congress. Then, in 1765, after the 
British parliament had passed an act levying upon the col¬ 
onies a stamp tax, the revenue to be used toward the sup¬ 
port of a regular army in the colonies, there occurred 
the Stamp Act Congress. It will be seen at once that this 
congress was very different from anything that had preceded 
it. All previous attempts at union among the colonies had 
been made either at the suggestion or with the approval of 
the home government for purposes of defense against some 
outside enemy, and the sentiment in favor of union had 
never been strong enough to render any of the proposed 
plans of union acceptable to more than a few of the colonies. 
By the passage and attempted enforcement of the Stamp 
Act the British government accomplished at a blow the 
cooperation of the colonies that it had vainly tried to effect 
during the long period of the French and Indian wars ; 
only now the efforts of the union were to be directed against 
the mother country herself instead of her old rival, France. 

Work of the Congress. The congress, which had been 
called by the Massachusetts house of representatives, met 
in New York in October, 1765, with representatives present 
from nine colonies (Massachusetts, Connecticut, Rhode Island, 
New York, Pennsylvania, New Jersey, Maryland, Delaware, 
South Carolina) and with promises of support from the rest. 
Though unquestionably a revolutionary body, having no 
right to exist under the British constitution, the congress 
seems to have been made up for the most part of moderate 


52 


SCHOOL CIVICS 


men, who were able to content themselves with drawing up 
a declaration of the rights and grievances of the colonies, 
and petitions and memorials to the king and to Parliament. 
Considering the state of excitement into which the colonies 
had been thrown by the attempted enforcement of the 
Stamp Act, this seems to us now like mild action. As a 
matter of fact, the Declaration of Rights contained much that 
only the boldest spirits would have ventured to assert a 
year earlier. Affairs had been moving rapidly in the col¬ 
onies. The Stamp Act Congress no longer demanded, as 
Otis of Massachusetts had done in 1764, representation in 
the House of Commons; it declared instead that " the 
people of these colonies are not, and, from their local cir¬ 
cumstances, cannot be, represented in the House of Com¬ 
mons,” and that no taxes "can be constitutionally imposed 
on them, but by their respective legislatures.” 

Committees of Correspondence. During the nine years 
that elapsed between the meeting of the Stamp Act Con¬ 
gress and that of the First Continental Congress, events 
were crowding each other rapidly in the colonies. It would 
be inexpedient to rehearse them all here. Our task is to 
trace as clearly as we can the growth of the movement 
toward a permanent union. In 1768, after the passage by 
Parliament of further revenue acts, the Massachusetts legis¬ 
lature sent a circular letter to the other colonial assemblies, 
suggesting concerted action on the part of the colonies, and 
received favorable replies. It was not until 1773, however, 
that a plan was devised for keeping the colonies continuously 
in touch with each other and organizing them for effective 
action. This was brought about through colonial "com¬ 
mittees of correspondence.” The year before, local com¬ 
mittees of correspondence had been appointed in the various 
towns of Massachusetts for the purpose of considering the 


ATTEMPTS AT UNION 


53 


rights and grievances of the citizens and ascertaining the 
state of public opinion in regard to them. This suggested 
to Virginia the advisability of similar committees in the 
various colonies. Accordingly, in 1773 such a committee 
was appointed by the Virginia Assembly, whose example 
was soon followed by the assemblies of Massachusetts, 
Rhode Island, Connecticut, New Hampshire, and South 
Carolina. Later the disturbances precipitated by the attempts 
to collect the tax on tea brought six more colonies into 
line, so that finally only Pennsylvania had no committee of 
correspondence. This was the longest step yet taken toward 
the political union of the colonies. 

The First Continental Congress. The First Continental 
Congress was brought about directly by a series of Parlia¬ 
mentary acts intended to put an end to such disturbances 
as had arisen in connection with the tea tax. Most of 
these measures were directed against Massachusetts, but 
the other colonies saw in them a menace to their own lib¬ 
erties as well, and the protest was general. New York and 
Rhode Island proposed a general congress. The Virginia 
House of Burgesses appointed a day of fasting, and, when 
dissolved for this action, immediately formed themselves 
into a convention and advised, among other things, annual 
intercolonial congresses. The actual call, however, came 
from Massachusetts in June, 1774. The congress met in 
Philadelphia in September of the same year, with fifty-five 
delegates present, representing twelve colonies. In Georgia 
the governor had succeeded in preventing the appointment 
of representatives. The work of the congress consisted in 
the drawing up of a declaration of rights hardly more radi¬ 
cal than that of the Stamp Act Congress, together with a 
petition to the king, and in the more important work of 
establishing the "American Association" to enforce the 


54 


SCHOOL CIVICS 


nonimportation agreements already existing. Before ad¬ 
journment in October the congress provided for the meet¬ 
ing of a new congress in May of the following year, in 
case the grievances of the colonies were not redressed in 
the meantime. 

A Union Formed. The First Continental Congress, like 
the Stamp Act Congress, had been simply an advisory or, 
at most, an executive body. Its successor, on .the other 
hand, found itself compelled by the pressure of events to 
assume almost at once a much wider range of activity. 
With the meeting of the First Continental Congress the 
colonies may be said to have accomplished a sort of union, 
imperfect as yet, to be sure, but still a union ; but it was 
not until after the Second Continental Congress had begun 
its work that the demand for independence was openly 
voiced. Up to that time the colonists had been striving 
simply to maintain what they conceived to be their rights 
as Englishmen, and most of them looked with no little dis¬ 
favor upon any suggestion of separation from the mother 
country. Now the course of events brought about a rapid 
change of sentiment. 

The Second Continental Congress. Early in its history 
this second congress had drafted a new petition to the king, 
generally known as the '' olive branch ” petition. To this 
the king did not even pay the courtesy of a formal answer. 
Instead, he issued a proclamation declaring the colonists 
to be rebels, closing the American ports, and warning for¬ 
eign nations not to trade. This contemptuous treatment 
convinced many that the colonists need hope for nothing 
at the hands of the king; and when, shortly after, the news 
reached America that the British government had hired 
German soldiers to help fight their battles in the colonies, 
even the most conservative began to admit the necessity of 


ATTEMPTS AT UNION 


55 


separation. The colonies were besides sufficiently well organ¬ 
ized politically to make separation possible. As we have 
already seen (p. 35), state governments had been organized 
by the advice of Congress during the year preceding the 
Declaration of Independence, and the events of that year 
had compelled Congress to assume also the functions of a 
general government. It had established an army, drawn up 
regulations for its government, and appointed a commander 
in chief; it had established a committee of correspondence 
with "our friends abroad," and had opened the American 
ports except to British vessels; it had issued paper money; 
finally, it adopted the Declaration of Independence and 
appointed a committee to draft articles for the government 
of the states thus newly created. Then, after making pro¬ 
vision for funds for the prosecution of the next year’s 
campaign, the Second Continental Congress temporarily 
adjourned in December of 1776. Continental congresses 
continued to meet, with only short periods of intermission, 
from this time until the ratification of our present Constitu¬ 
tion ; but their work, except as it concerns the Articles 
of Confederation and the Constitution, is matter for history 
rather than for civics. 

Library References. Macy, pp. 36-38; Montgomery, pp. 83, 102- 
103, 148, 177-188, 191-192, 195-198, 200-202; Fiske, pp. 209-213; 
Hinsdale, pp. 69-72, 424-453; Bryce, Vol. I, pp. 19-20; Channing, 
pp. 91-95, 138-139, 153-206; Curtis, Vol. I, chaps, i-iv; Thwaites, 
pp. 142-143, 154-159, 161-164, 269-271; Roberts, Vol. I, pp. 316- 
317; Hart, pp. 50-63, 73-80; Lalor, articles on "Albany Plan of 
Union,” "Continental Congress”; Bancroft, Vol. I, pp. 291-296; 
Vol. H, pp. 385-388; Vol. HI, chap, xii; Vol. IV, chaps, iv, xxviii; 
Frothingham, Rise of the Republic of the United States; Fiske, 
American Revolution, Vol. I, chaps, iii-iv. 


56 


SCHOOL CIVICS 


QUESTIONS ON THE TEXT 

1 . Over how long a period did the attempts at union extend ? 

2. Mention some of the conditions which made union between 
the colonists possible and desirable. 

3 . The geographical and industrial conditions of the colonies 
made them independent of one another. Explain how. 

4 . When and for what purpose was the first union of American 
colonists formed ? What name was given to this organization ? 
Show how it developed into the confederation of 1777. 

5 . For what purpose and by whom was the Albany Congress 
(Convention) of 1754 called? 

6. Outline Franklin’s plan of union. How was the plan received 
by the colonists and the home government ? 

7 . When and for what purpose was the Stamp Act Congress 
called ? Where was it held ? How did it differ from other early 
conventions and congresses ? 

8. Give an account of the First Continental Congress (1774) 
and of the Second Continental Congress (1775), touching the 
origin, the organization, and the work accomplished by each. 


CHAPTER V 


THE ARTICLES OF CONFEDERATION (1781-1789) 

Need of a Legal Basis for the Union. It is clear that the 
Continental Congress felt from the first the necessity of 
making permanent the union of the colonies, by placing 
beneath it a definite legal foundation. Almost a year before 
the adoption of the Declaration of Independence, while the 
sentiment in favor of separation from the mother country 
was still weak. Congress considered a plan drafted by 
Franklin for the confederation and perpetual union” of 
the colonies. The title by which the union was to be known 
— the United Colonies of North America — shows that in¬ 
dependence of the mother country was not yet contemplated. 
It is therefore fortunate that Franklin’s plan was never 
adopted. If it had been, it would almost certainly have 
formed the basis of the new government when the Declara¬ 
tion of Independence brought into existence a new nation, 
and would have long delayed, if it had not altogether pre¬ 
vented, the adoption of our present Constitution ; for, though 
it failed to provide a strong central government, it avoided 
the most glaring defects of the Articles of Confederation, 
and might have been amended in such a way as to furnish 
a practicable, if far from perfect, scheme of government for 
the new state. 

Drafting and Adoption of Articles. A year later we find 
Congress again concerned with the question of providing a 
basis of law for the union, which was now about to become 
a union of states instead of a union of colonies. On the 


57 


58 


SCHOOL CIVICS 


same day two important committees were appointed, one to 
draft the Declaration of Independence, the other to draft 
Articles of Confederation for the states about to be created; 
but more than a year elapsed before the articles were 
adopted by Congress, and it was not until 1781, when the 
war was already drawing to a close, that they were finally 
ratified by all the states and became the law of the land. 

Delay in Ratification. The reasons for the delay in the 
ratification of the articles by the different colonies were in 
part the same as those that had made any sort of union 
difficult — mutual jealousy and distrust on the part of the 
states and fear of any superior government. There was, 
besides, in some states a clear recognition of the inadequacy 
of the proposed government, as well as a definite objection 
to certain provisions of the articles, particularly that by which 
power was apportioned equally among all the states, regard¬ 
less of size, wealth, or population. The delay was occasioned 
chiefly, however, by the dispute concerning the land claims 
of some of the states to portions of the region lying west of 
the Alleghenies. Basing their claims for the most part on 
the old colonial charters, which had extended their bound¬ 
aries indefinitely westward, the states contended that they 
had succeeded, on the Declaration of Independence, to all 
the powers of the British crown in this unoccupied territory. 
Not all the states, however, were possessed of such claims, 
and those that lacked them objected strenuously to allowing 
them in the cases of the others. If independence were 
achieved, they argued, it would be by the united efforts of 
all the states, and these unoccupied lands ought to belong to 
the confederacy for the benefit of all. Accordingly some of 
the states refused to ratify the articles until some agreement 
should be reached in this matter. Finally, in 1780, New 
York ceded to the United States the lands claimed by her. 


THE ARTICLES OF CONFEDERATION 


59 


Virginia promised similar action, and Maryland, the last of 
the states to ratify, withdrew her opposition and formally 
signed the articles on the first of March, 1781. 

Character of the Government Established. The govern¬ 
ment established by these articles was something very dif¬ 
ferent from our present federal government. It was a 
confederation, not a federal state; a league, not a national 
government. This the framers of the articles took pains to 
make clear. The union is called "a firm league of friend¬ 
ship” between the states "for their common defense, the 
security of their liberties, and their mutual and general wel¬ 
fare,” and it was not intended to be more than a league. It 
was only after nearly a decade of unsuccessful endeavor to 
carry on the government under the articles, that the mem¬ 
bers of the confederation were convinced of the impossibility 
of maintaining such a league without a further surrender of 
sovereignty on the part of the individual states than was 
provided for in the instrument. 

Powers of Congress. Under the articles the powers of . 
the federal government were veked in a Congress consist¬ 
ing of a single chamber, whose members represented not 
the people of the United States, but the separate states ; and 
each state, though it might send any number of delegates 
from two to seven, had but a single vote in the decisions 
of Congress. In other words, the articles simply legalized 
the existence of the Continental Congress without changing 
its character. To this body was intrusted the sole power 
of dealing with foreign nations, whether in the way of send¬ 
ing and receiving ambassadors, negotiating treaties, declaring 
war, or concluding peace; but it was prohibited from enter¬ 
ing into any commercial treaty which should in any way 
interfere with the right of the state legislatures to impose 
duties or prohibit the exportation or the importation of 


6 o 


SCHOOL CIVICS 


.commodities. Congress was given also the power "to as¬ 
certain the necessary sums of money to be raised for the 
service of the United States and to appropriate and apply 
the same for defraying the public expenses " ; to borrow 
money or emit bills of credit; to determine the number of 
land forces to be raised and to make requisitions from each 
state for its quota; to build and equip a navy; to appoint 
all naval officers and all except regimental officers for the 
land forces; to make rules for the government of army and 
navy and to direct their operations. The money for defray¬ 
ing federal expenses, however, was to be drawn from a 
common treasury supplied by the states, the taxes for paying 
each state’s proportion to be levied by the state legislature; 
and the land forces were to be raised, clothed, armed, and 
their regimental officers appointed by the state legislatures. 

Other Provisions. In judicial matters the powers of Con¬ 
gress were limited to the establishment of courts for the 
purpose of dealing with offenses committed on the high 
;seas, and to the settlement on appeal of controversies be¬ 
tween states. It was also the business of Congress to regu¬ 
late the value of coin, fix the standard of weights and 
measures, manage Indian affairs, and establish post offices. 
Two other provisions should be especially noted, since it 
was chiefly their existence that made government under the 
articles practically impossible. By one of these. Congress 
was prohibited from taking any important action without the 
assent of nine states; by the other, no amendment was 
possible without the ratification of every state. 

Defects of the Articles. So long as the pressure of the 
war lasted. Congress was able to secure some degree of con¬ 
certed action on the part of the states ; but the articles had 
hardly gone into effect when that pressure was withdrawn 
and their defects became promptly and increasingly apparent. 


THE ARTICLES OF CONFEDERATION 


6l 


They were the defects naturally inherent in a confederacy 
under circumstances that demanded before anything else a 
strong central government. The articles seemed to confer 
upon Congress somewhat extensive powers; as a matter of 
fact, they left it impotent. It was given ample power to make 
laws, but was left with no means of enforcing them. Execu¬ 
tive power remained almost entirely in the hands of the 
states, so that Congress was compelled to make requests 
like a suppliant instead of issuing commands like a sover¬ 
eign. Its position was illogical and absurd. In its hands 
alone lay the treaty-making power; yet it could not guar¬ 
antee to other nations concerned that its treaties would be 
observed, since it had no power of compelling the obedience 
of the states. It could appropriate money as freely as it saw 
fit for the purpose of defraying federal expenses; but it did 
not itself possess the taxing power, and it had no means of 
compelling the state legislatures to exercise it in its behalf. 
It could make requisition for troops; but the states might 
heed the requisition or not, as they pleased. It had no 
power of regulating foreign commerce, no power of settling 
interstate disputes except on appeal, no federal judiciary. 
Moreover, with the cessation of the war the states lost in¬ 
terest in federal affairs and not infrequently failed to send 
delegates to the Federal Congress, making it thus still more 
difficult to secure the nine votes necessary to the passing 
of any important measure. Finally, these defects of the 
articles were beyond remedy, since amendment had been 
made practically impossible. 

Framers not Unconscious of Defects. It can hardly be 
supposed that the framers of the articles were unconscious 
of these defects. Our country has. never produced abler 
statesmen than those of the period under consideration. 
Franklin’s plan of confederation, drafted a year earlier than 


62 


SCHOOL CIVICS 


the articles, had offered a far more practicable scheme of 
government. It had made Congress representative, not of 
the states, but of the people of the United States, by appor¬ 
tioning representation according to population and giving 
each delegate one vote; it had given Congress control of 
foreign commerce; and it had made amendment possible 
by vote of a majority of the state legislatures. Just why this 
plan was never adopted is not clear. Probably public opinion 
was not yet ripe for it — the sentiment in favor of union not 
yet strong enough to render its provisions acceptable. Prob¬ 
ably, too, the articles provided as near an approach to a 
federal union as the feeling of the time permitted. 

Library References. Macy, p. 38 ; Dawes, pp. 45-46; Fiske, pp. 213- 
217; Hinsdale, chap, vi; Bryce, Vol. I, pp. 20-21; Curtis, Vol. I, 
chaps, iv-xv ; Channing, §§ 159-161, 165-178 ; Montgomery, pp. 226- 
233; Fiske, Critical Period, chaps, ii-v; Hart, chap, v; Lalor, article 
on "Articles of Confederation’’; Bancroft, Vol. V, pp. 10-15, 199-208; 
Vol. VI, pp. 110-194; McMaster, Vol. I, pp. 130-136, 184-185, 200- 
210, 281-354; Schouler, Vol. I, pp. 14-18, 20-24; Wilson, §§ 865-868. 

QUESTIONS ON THE TEXT 

1 . Describe the form of government that prevailed in this 
country during the Revolutionary^ period. 

2 . Give Franklin’s plan for " confederation and perpetual union.” 

3 . What occasioned the delay in the ratification of the Articles 
of Confederation ? 

4 . How did the government under the Articles of Confedera¬ 
tion differ from the government under the present constitution ? 

5 . Define " confederacy.” 

6 . What was the only department of government established 
by the Articles of Confederation? 

7 . Mention two defects in the Articles of Confederation. Read 
the Articles of Confederation and the Declaration of Independence. 


CHAPTER VI 


THE CONSTITUTION: ITS FORMATION AND ADOPTION 

Condition of Affairs under the Articles of Confederation. 
The course of events from 1781 to 1787 gave indisputable 
proof of the impossibility of government under the articles. 
So long as the struggle with the mother country lasted, the 
states could not help seeing that their only safety lay in 
union; and they were following the dictates of the merest 
self-interest in sending to Congress their ablest men and in 
granting to that body, however grudgingly, the necessary 
means for conducting the government. As the fierceness of 
the struggle abated, however, the necessity for union was 
no longer so keenly felt. State interests loomed larger and 
larger; federal interests dwindled. The most distinguished 
statesmen no longer sat in the federal legislature; their 
talents were demanded at home for the solution of difficult 
problems of state government; so that the national legisla¬ 
ture, given by the articles no means of providing for its own 
needs and left’wholly dependent upon the good will of the 
states, soon found itself deprived of even such power of per¬ 
suading the states as it had possessed through the pressure 
of the war and the personal influence of its members. 

Attitude of the States. Gradually the states, having with¬ 
drawn from the service of the federal government its best 
ability, assumed toward it, if not an attitude of actual 
defiance, at best one of distrust or indifference. More than 
once, whether through indifference or through a more active 
sentiment, they made it impossible for Congress to proceed 

63 


64 


SCHOOL CIVICS 


to business at the proper time by failing to send delegates 
from enough states to transact important business or to settle 
important questions. Many national appeals for money were 
simply disregarded, so that between 1782 and 1786 Con¬ 
gress obtained only about one sixth of the amount asked for. 
Threats of secession were heard from more than one quarter, 
and even overt acts of defiance were not unknown. 

The Feeling between the States. Between the states 
themselves there was no better feeling than between the 
national government and the states. Questions of trade in¬ 
volved them in continual quarrels. New England sought 
to secure a virtual monopoly of the carrying trade by de¬ 
manding the exclusion of British vessels — a demand to 
which the Southern states would not accede. States with¬ 
out seaports were forced to pay tolls to their more fortunate 
neighbors through whose ports their goods were received. 
Interstate tariffs grew up wherever conditions favored them, 
and tariff wars provided a constant source of irritation. 
Between the East and the West, also, there was a clash of 
interests. The East desired commercial intercourse with 
Spain and the Spanish colonies, which that country was 
willing to grant in return for the surrender by the United 
States of the right to free navigation of the Mississippi, 
which now flowed for two hundred miles through Spanish 
territory; and a considerable portion of Congress was will¬ 
ing to negotiate a treaty on this basis. To this surrender, 
however, the people of the West, particularly those of Ken¬ 
tucky and what is now Tennessee, were unalterably and 
vehemently opposed. Bitter discussion between East and 
West followed, and threats of secession were heard on both 
sides; but the project was finally abandoned. Even within 
the states troubles were rife. Financial distress, which large 
issues of paper money had only intensified, was everywhere 



65 


Faneuil Hall, Boston Independence Hall, Philadelphia 













































66 


SCHOOL CIVICS 


apparent, and was leading in some cases to armed rebellion 
on the part of the debtor class. 

The General Government Helpless. Meantime the general 
government, compelled to stand helplessly by, alike incapa¬ 
ble of relieving the internal distress of the states, of adjust¬ 
ing interstate disputes, or of extricating the nation from its 
difficulties, was regarded by foreign nations with scorn or 
indifference. It was not without justification that the French 
minister wrote in 1784 that there was no general govern¬ 
ment in the country; nor was it strange that the commis¬ 
sion appointed that year to conclude treaties with foreign 
nations, and consisting of men so able and persuasive as 
John Adams, Franklin, and Jefferson, should have been 
able to induce only one foreign country to enter into treaty 
relations with the confederation. By 1786 the feeling had 
become general that nothing short of a thoroughgoing revi¬ 
sion and amendment of the Articles of Confederation could 
remedy the existing evils. 

Suggestions for Amendment. The suggestion that the arti¬ 
cles be amended was by no means new. In 1781, even before 
all the states had ratified them, it had been proposed that 
Congress should be given power to raise revenue by levying 
import duties to the extent of 5 per cent ad valorem. The 
proposition was discussed for a year, but was finally defeated 
by the refusal of Rhode Island to agree to the arrangement. 
In 1783 the project was revived and a similar proposition 
was made, but with more limitations upon Congress, only to 
meet defeat again, this time at the hands of New York. Two 
years later Massachusetts instructed her delegates in Congress 
to propose a general revision of the articles; but nothing 
came of this suggestion, and the convention which finally 
met for that purpose in 1787 and ended by framing an 
entirely new constitution, originated in a different way. 


THE CONSTITUTION 


67 


Origin of the Constitutional Convention. The Constitu¬ 
tional Convention grew out of an attempt on the part of a 
few of the states to reach some sort of agreement in com¬ 
mercial matters. In 1785 a commission from Maryland 
and Virginia met at Alexandria for the purpose of adjust¬ 
ing, if possible, the differences between those states in regard 
to the navigation of the Potomac River and the Chesapeake 
Bay. Before the commission broke up, the Virginia dele¬ 
gates proposed that a similar commission, composed of dele¬ 
gates from all the states, should meet at Annapolis for the 
purpose of discussing trade relations throughout the country. 
The proposition was favorably received, and in the following 
year, 1786, occurred the Annapolis convention. 

The Annapolis Convention. When, at the appointed time, 
the delegates assembled, it was found that representatives 
were present from five states only, though a few others were 
on the way. With so incomplete a representation of the 
Confederation it was useless to attempt to proceed with the 
business for which the convention had been summoned, but 
such discussions as occurred revealed the existence of a 
general sentiment in favor of the revision of the Articles of 
Confederation. Before adjourning, therefore, those present 
passed a resolution recommending a convention of delegates 
from all the states " to devise such further provisions as shall 
appear to them necessary to render the Constitution of the 
federal government to the exigencies of the nniony 

This resolution was transmitted to Congress and to the state 
legislatures, but it was not until five states had already 
appointed delegates to the new convention that Congress 
approved it and recommended its adoption by the states. 
Thereupon the rest of the states, with the exception of 
Rhode Island, promptly adopted the recommendation of 
Congress and appointed their delegates. 


68 


SCHOOL CIVICS 


The Constitutional Convention. The fourteenth of May, 
1787, had been fixed upon as the day and Philadelphia as 
the place of meeting for the new convention, but it was 
not until May 2 5 that delegates had arrived from a sufficient 
number of states to enable the convention to organize for 
its work, and two months more elapsed before all of the 
twelve states that finally sent delegates were represented. 
Rhode Island alone took no part in the convention. In 
that state the governor and the upper house of the legisla¬ 
ture were in favor of sending delegates; but the assembly, 
made up largely of men without education and of narrow 
political views, who were, moreover, fearful of the effect of 
the convention upon their financial policy of wiping out all 
debts by means of paper money, refused to send represent¬ 
atives. The convention as finally constituted consisted of 
fifty-five members, among them the ablest and most dis¬ 
tinguished statesmen of the time. Together they made up 
a body that has rarely been equaled in intelligence, ability, 
patriotism, and political sagacity. As has nearly always 
happened in the case of political bodies chosen at critical 
junctures in our history, the convention was strongly repre¬ 
sentative of the wisely conservative element in the country. 
No true patriot could have anything to fear in intrusting his 
political interests to such men as figured most prominently 
in the proceedings of the convention. 

Influence of Washington. Easily foremost, of course, was 
Washington, president of the convention, cautious, saga¬ 
cious, rich in experience, utterly free from local prejudice. 
His position as presiding officer naturally precluded his tak¬ 
ing part in the debates, but it has been said of him that 
through the power of his personality he had a greater in¬ 
fluence on the total result than any man in the convention. 
Unquestionably the fact that he approved the Constitution 


THE CONSTITUTION 69 

assisted in no small degree in securing for it the ratification 
of otherwise doubtful states. 

Hamilton and Madison. Of those who engaged actively 
in the debates of the convention the two most prominent 
and almost equally influential characters were Hamilton and 
Madison. In spite of the fact that they were young men 
(Hamilton was but thirty, and Madison six years older), 
both had already rendered political service as members of 
Congress, and Hamilton had been one of the delegates to 
the Annapolis convention. Hamilton’s keen insight into the 
principles of government, combined with a remarkable power 
of logical, straightforward reasoning, stood him in good stead 
in the debates of the convention. His greatest service in 
the work of that body was his successful insistence upon the 
absolute necessity of creating an efficient national govern¬ 
ment, even though it might involve a very considerable 
curtailment of the powers of the states. Madison was even 
more active, if not more influential, in the convention than 
his colleague. He was one of the few, destined finally to 
become the majority, who believed that no satisfactory amend¬ 
ment of the Articles of Confederation was possible, and that 
the only thing to do was to throw them overboard and frame 
a new Constitution. To this proposition it was objected, rea¬ 
sonably enough, that the assembly, in acting upon it, would 
be exceeding its authority, since it had been given power 
only to revise the Articles of Confederation ; and in furnish¬ 
ing convincing answers to objections of this type he ren¬ 
dered most efficient service. It was Madison, also, who 
drafted the scheme of government known as the Virginia 
Plan, which was to become the basis of the Constitution as 
it was finally adopted. Nor did the work of these two young 
men end with the adjournment of the convention. Through 
the series of political essays known as " The Federalist,” 


70 


SCHOOL CIVICS 


written for the purpose of explaining and defending the 
Constitution after it had been submitted to the people for 
ratification, they did yeoman’s service in securing its adoption. 

Franklin. Scarcely inferior in influence, though much 
less active in debate, was the venerable Franklin, now in 
his eighty-second year. For half a century he had had inti¬ 
mate knowledge of public affairs; for a quarter of a cen¬ 
tury he had represented his country or a portion of it at 
foreign capitals. Twice had he drafted a plan of union and 
a scheme of government for the colonies (neither of them, 
to be sure, destined to be put into operation) : one the plan 
adopted by the Albany Convention in 1754, but rejected by 
the colonies; the other the scheme considered by the Con¬ 
tinental Congress a year before the Articles of Confedera¬ 
tion were drafted, but never acted upon. It was his particular 
task in the convention to pour oil on the troubled waters. 
When the debate became too bitter or too personal, his 
ready wit restored everybody to good humor, and more than 
once his tact prevented differences of opinion from becoming 
irreconcilable disputes. 

Other Prominent Delegates. Besides those already men¬ 
tioned, there were present, among the more prominent 
delegates, George Mason and Edmund Randolph of Vir¬ 
ginia ; John Dickinson of Delaware; James Wilson and 
Robert and Gouverneur Morris of Pennsylvania, to the last 
of whom the Constitution mainly owes the admirable clear¬ 
ness and simplicity of its language, which has made the 
work of interpretation so much easier and surer; Roger 
Sherman of Connecticut, who had been a member of nearly 
every Congress; Elbridge Gerry of Massachusetts; Rufus 
King of New York, the author of the provision forbidding 
the states to pass laws affecting the obligation of contracts; 
Paterson of New Jersey (afterwards governor, 1791-1793); 


THE CONSTITUTION 


71 


and the two Pinckneys and John Rutledge of South Caro¬ 
lina. These were the most distinguished members of the 
assembly, but all were men of ability and experience. Of 
the fifty-five present, eighteen were at the same time mem¬ 
bers of Congress, and there were only twelve who had not 
at some time sat in that body. 

Work of the Convention. As we have already seen, the 
organization of the convention was delayed until May 25 by 
the lack of a quorum. Once organized, however, the work 
proceeded without interruption for four months, daily ses¬ 
sions being held until the seventeenth of September, when the 
engrossed copy was signed and the convention finally 
adjourned. The work throughout was carried on behind 
closed doors — wisely, since, had the questions under dis¬ 
cussion been known, the pressure of public opinion upon the 
delegates would probably have made agreement impossible. 
It was not until long afterwards, when the very full notes kept 
by Madison of the debates of the convention were printed, 
that the difficulties it had surmounted became known. 

Difficulty of the Task. In some respects the task before 
the framers of the Constitution was peculiarly difficult. 
''The establishment of a Constitution in a time of profound 
peace, by the voluntary consent of a whole people, is a 
prodigy, to the completion of which I look forward with 
trembling anxiety,” wrote Hamilton; and many of his con¬ 
temporaries shared his feeling. In the first place, there had 
been no overwhelming public sentiment in favor of the 
calling of the convention, nor was there any profound belief 
that it would accomplish anything. Then, too, within the 
convention itself there was a strong feeling that it had no 
power beyond that of revising the Articles of Confedera¬ 
tion, and not a little argument was needed to induce the assem¬ 
bly to undertake the framing of a new Constitution. That 


72 


SCHOOL CIVICS 


question once decided, the convention found itself face to 
face with a peculiar condition of affairs. Its task was not 
the comparatively simple one of devising a scheme of gov¬ 
ernment for a single unitary state, in which the central 
government should be the source of power for all minor 
political divisions ; nor had it, on the other hand, to deal 
with a simple confederation, in which the component states 
were still sovereign and independent, with full power at any 
time to withdraw from the union. The course of events 
during the Revolution had unquestionably established a 
nation with a life of its own, yet it had left the integrity of 
the states untouched. The states were still free political 
agents, however strongly public necessity might urge them 
to form a national union. "We were neither the same 
nation nor different nations," said Gerry. In short, the 
task before the convention was that of framing a Constitution 
for the first great federal state in history. Just how this 
was to be done no one saw clearly at the opening of the 
convention. Among the members of the assembly the most 
diverse opinions were held as to what should be the char¬ 
acter of the new government. Not a few contended for the 
maintenance of the existing form of government, with only 
such revision of the Articles of Confederation as experience 
had shown to be absolutely necessary; that is, they ad¬ 
vocated, if not the extreme state-rights doctrine, at least 
as great a degree of state sovereignty as was at all compati¬ 
ble with orderly government. A few, notably Hamilton, 
advocated the establishment of a strongly centralized national 
government, in which the states should be shorn of all 
their sovereign power. The majority, however, hoped for 
the establishment of a moderately strong central government, 
with enough curtailment of state prerogatives to render the 
general government thoroughly efficient. 


THE CONSTITUTION 


73 


Plans Submitted. The real work of the convention be¬ 
gan on the twenty-ninth of May, when Edmund Randolph 
of Virginia submitted a plan of government, principally 
the work of Madison, consisting of fifteen propositions, 
most of which were finally embodied in the Constitution. 
This plan is known as the Virginia Plan. On the same day 
Charles Pinckney of South Carolina presented another plan, 
very similar in its provisions to that of the Virginia delega¬ 
tion, but more detailed. This received little attention. The 
interest of the convention centered upon the Virginia Plan 
and its principal opponent the New Jersey Plan, introduced 
by Paterson of New Jersey and expressing the wishes of 
the smaller states. The Virginia Plan provided for a govern¬ 
ment to consist of the three departments, — legislative, 
executive, and judicial, — the legislature to consist of two 
Houses, the lower elected by the people, the upper by the 
lower from candidates nominated by the state legislatures. 
In both Houses representation was to be based on free 
population. Congress was also to choose the executive and 
the judiciary. This plan unquestionably gave the control of 
affairs into the hands of the larger states, and it met with 
fierce opposition on the part of the smaller ones. They 
therefore agreed upon the series of resolutions introduced 
by Paterson. This plan proposed to continue the existing 
government but to give Congress power to regulate com¬ 
merce, to raise revenue, to establish a federal judiciary, and 
to enforce its enactments. While these plans were under 
discussion, Hamilton made a speech to the convention, in 
the course of which he read a plan outlining a strongly 
centralized national government in which the states had 
little power. This has been called Hamilton’s plan, but he 
knew, as he himself said, that it was very remote from the 
ideas of the people, and he probably intended only to outline 


74 


SCHOOL CIVICS 


more carefully his own views and the amendments he in¬ 
tended to offer at the proper time, rather than to submit a 
formal plan for the consideration of the convention. 

The First Great Compromise. As the discussion of the 
two principal plans proceeded, it became evident that only 
a most liberal spirit of compromise could enable the con¬ 
vention to effect anything. Differences of opinion among 
the delegates were so wide as to be all but irreconcilable. 
More than once the convention seemed on the verge of 
dissolution, but each time some compromise was effected 
and the work proceeded. The first great crisis came in the 
course of the discussion as to whether there should be a 
national or a federal government, and whether there should 
be equal representation of the states in Congress or whether 
representation should be apportioned on the basis of popu¬ 
lation. Naturally the smaller states contended fiercely for 
equal representation. Finally, one of the Connecticut dele¬ 
gates suggested a compromise, based on the system in use 
in the legislature of his own state, according to which there 
was to be equal representation of the states in the Senate 
but representation apportioned on the basis of population in 
the House of Representatives. To this the larger states 
agreed after some discussion, and thus the first great 
compromise of the Constitution was effected. 

The Second Great Compromise. When this question as to 
the manner of representation in the two Houses had been 
settled, another arose as to the apportionment of representa¬ 
tives in the lower House. The population of the Southern 
states contained a large proportion of slaves possessed of no 
political rights. Ought they to be counted in determining 
the number of representatives from those states } and if 
counted for that purpose, ought they not to be counted also 
in apportioning direct taxes ? Finally, a compromise was 


THE CONSTITUTION 


75 


effected upon this question also,—the three-fifths com¬ 
promise, as it is sometimes called, — according to which 
five slaves were to be counted as equal to three white men, 
and direct taxes were to be apportioned in the same manner 
as representatives. 

The Third Great Compromise. The existence of slavery and 
the slave trade made necessary the third great compromise. 
The real question at issue was whether or not the general 
government should be given control over commerce. The 
ill effects of allowing each state commercial independence 
had become evident under the Articles of Confederation, and 
the states engaged in general commerce desired its regulation 
by the general government. On the other hand, the states 
engaged in the slave trade, knowing the sentiment enter¬ 
tained against it at the North, feared that heavy losses 
might be entailed upon them by some prohibitory legislative 
act of the general government. A compromise was finally 
reached by which it was agreed that Congress should be 
given control over commerce but should be forbidden to pass 
any act prohibiting the importation of slaves before 1808, 
though it might levy a tax of ten dollars each on all slaves 
imported. Of this last provision, however, Congress never 
took advantage. It should not be supposed that these three 
were the only compromises of the Constitution; it has been 
said of it, indeed, that it was nothing but a series of com¬ 
promises. These three, however, were of vital importance, 
since a failure to reach an agreement on any of these points 
would have resulted almost inevitably in the dissolution of 
the convention. 

Ratification. In accordance with the last article of the new 
Constitution, providing for its ratification, on the twentieth 
of September, 1787, it was submitted to Congress, where 
it was subjected to criticism for eight days before it was 


76 


SCHOOL CIVICS 


sent to the state legislatures, to be by them in turn sub¬ 
mitted to conventions chosen by the people of the several 
states. It was not until June 21, 1788, that the ratification 
of the nine states necessary to the establishment of the new 
government was secured. Thereupon Congress made prepa¬ 
rations for putting the Constitution into operation, and the 
other states, finding themselves confronted with the alterna¬ 
tive of joining the Union or standing alone in the world, 
since the old government established by the Articles of Con¬ 
federation had been annihilated, ratified, one by one, Rhode 
Island holding out until the end of May, 1790. 

Struggle over Ratification. Except in the smaller states, 
to which very considerable concessions had been made, rati¬ 
fication was nearly everywhere secured with difficulty. Had 
the matter been left to a direct vote of the people, taken all 
over the country on the same day, it is doubtful if it could 
have been secured at all. Fortunately, as Mr. Bryce has 
noted, "the conventions were composed of able men, who 
listened to thoughtful arguments and were themselves influ¬ 
enced by the authority of their leaders.” ^ Out of this strug¬ 
gle over ratification emerged the first two great political 
parties in the United States. The supporters of the Con¬ 
stitution were called Federalists; the opponents, Anti- 
Federalists. The Federalist Party was in general the party 
of the moneyed classes — the public creditors, the mer¬ 
chants, the lawyers; the Anti-hTderalist, the party of the 
debtor class, the advocates of paper money — in general, the 
less wealthy portion of the community. The Anti-Federalists 
objected, among other things, to the absence of a Bill of 
Rights in the new Constitution ; to the power of taxation 
given the national legislature; to the power granted to the 
federal judiciary; to the paying of Congressmen out of the 

1 Bryce, The American Commonwealth, Vol. I, p. 27. 


THE CONSTITUTION 


77 


federal treasury, thus making them independent of the states; 
to the voting by individuals instead of by states in the national 
legislature—in short, to what they considered the too aristo¬ 
cratic, too centralized form of the new government. The 
views of the Federalist Party found expression most ably and 
thoroughly through the series of remarkable political essays 
written by Hamilton, Madison, and Jay, and afterwards col¬ 
lected and published under the title of ''The Federalist.” 
Their effectiveness has already been mentioned. Other in¬ 
fluences, too, were at work. The support of such tried and 
trusted men as Washington and Madison, the compromises 
made to different sections and interests, the example of 
other states, all had their effect upon doubtful states ; but 
unquestionably the two most potent influences were the 
almost universal economic distress and the dread of foreign 
powers, especially Spain and England, who were believed, 
perhaps not wholly without reason, to be only awaiting a 
favorable opportunity for absorbing the youthful nation. 

Establishment of the New Government. As soon as the 
ratification of the necessary nine states was secured. Con¬ 
gress passed an act providing for the establishment and 
organization of the new government. The first Wednesday 
in January, 1789, was designated as the day for appointing 
electors; the first Wednesday in February, for assembling 
and voting for president; and the first Wednesday in March, 
for "commencing the proceedings under the said Constitu¬ 
tion.” It was not until April i, however, that a quorum 
was secured in the House of Representatives and that body 
was organized, while in the Senate a quorum was first pres¬ 
ent on April 6. Thereupon the votes were counted and 
Washington was declared elected. Some further delay en¬ 
sued, but finally, on April 30, occurred the inauguration of 
Washington and the installation of the new government. 


78 


SCHOOL CIVICS 


Library References. Macy, pp. 38-40 ; Hinsdale, pp. 82-116; Bryce, 
Vol. I, chap, iii; Fiske, pp. 217-219; Channing, pp. 254-262, 270-275 ; 
Montgomery, pp. 233-238; Curtis, Vol. I, chaps, xv-xxxvi; Fiske, 
Critical Period, pp. 214-350; Roberts, Vol. II, pp. 446-447 ; Hart, 
chap, vi; Lalor, article on the ” Constitutional Convention ” ; Bancroft, 
Vol. VI, Book H, chap, viii; Books HI-IV; Book V, chaps, ii-iii; 
Schouler, Vol. I, pp. 28-70; McMaster, Vol. I, pp. 390-399, 417-423, 
436-502. 


QUESTIONS ON THE TEXT 

1 . Describe the political conditions which made necessary the 
present constitution of the United States. 

2 . What evils was the United States constitution intended to 
remedy ? Does it remedy those evils ? Give reasons. 

3 . What state took the first step that led to the formation of 
the present Constitution ? 

4 . When and where was the Constitution made ? Name six 
objects stated in the preamble. 

5 . How was the Constitution framed ? Name the three great 
compromises of the Constitution. 

6 . What differences of opinion existed between the framers of 
the Constitution as to the powers of the federal government? 
What are these differences sometimes called ? 

7 . What is meant by the statement " the House of Represent¬ 
atives represents the national idea; the Senate represents the 
federal idea ” ? 

8 . The sessions of the Constitutional Convention were all execu¬ 
tive ; that is, the public was excluded from all its meetings. Was 
this a wise thing to do ? Why ? 


CHAPTER VII 


THE CONSTITUTION: ITS ORIGIN AND NATURE 

Its Origin. In regard to the originality of the Constitution 
the most opposite views have been entertained. Mr. Glad¬ 
stone's remark that it is '' the most wonderful work ever 
struck off at a given time by the brain and purpose of 
man ” has generally been construed, whether it was so in¬ 
tended or not, as an assertion of its originality. On the 
other hand. Sir Henry Maine says that it is " in reality a 
version of the British constitution ” as it then was. Both 
these staterhents are misleading, though both contain an 
element of truth. As a matter of fact, the convention wisely 
based its work as little as possible upon untried theories and 
as much as possible upon experience. Only where colonial 
or state experience furnished no precedent did they risk an 
invention of their own. At the same time, there were in 
the situation before the convention some elements that were 
new—some problems for which the framers were compelled 
to devise new solutions. As for the British constitution, it 
unquestionably exercised a very considerable influence upon 
the framers of our Constitution, but not directly, as Sir Henry 
Maine’s remark implies. On the contrary, that influence 
came to them filtered, for the most part, through the channels 
of colonial, revolutionary, or early national experience. 

Origin of Special Provisions. Nothing could be truer than 
the oft-quoted observation that nearly every provision of the 
federal constitution that has worked well was borrowed from 
some one of the state constitutions, and that nearly every 

79 


8 o 


SCHOOL CIVICS 


one that has worked badly is one that the convention, in the 
absence of precedents, was obliged to devise for itself. It is 
interesting to note the source of some of these provisions. 
The separation of the government into three clearly defined 
departments, each independent of the others, had been char¬ 
acteristic of the colonies and, after them, of the states, the 
separation having been carried much further in America 
than in England. This characteristic reappears in an even 
more extreme form in the federal constitution. The division 
of the legislature into two Houses, which has often been 
pointed to as a direct copy of the English system, is rather 
a copy of the plan almost universally in use in the states, 
though it is true that in character the two Houses of the 
federal legislature correspond much more closely to those 
of Great Britain. Even the names " Senate ” and " House 
of Representatives ” were in use in several of the states. 
The president also, in whom some writers have thought 
they saw a copy of the British monarch, corresponds much 
more closely in character and function to the governors of 
the states, some of whom were called presidents. In several 
states, too, the office of vice president existed. Some half 
dozen or more of the states also provided a method of 
impeachment. 

Suggestions from the States. Certain states can be pointed 
to more especially as furnishing the suggestions for particu¬ 
lar provisions. We have already seen that the different 
basis of representation in the two Houses was suggested by 
the constitution of Connecticut. The veto power of the 
chief executive is found also in the constitution of Massa¬ 
chusetts ; the constitution of Delaware provided for the 
election of one third of the senators every two years ; the 
constitution of New York made provision for a census every 
seven years, for the purpose of apportioning representatives ; 


THE CONSTITUTION 


in Massachusetts and New Hampshire all revenue bills origi¬ 
nated in the House of Representatives. As a whole, the 
plan devised for electing the president was original, but 
even here the idea of an electoral college was derived from 
Maryland. Perhaps the truest prototype for the Supreme 
Court is to be found, not in the states, but in the judicial 
committee of the privy council in Great Britain. As a matter 
of fact, in the provisions of the Constitution there was little 
indeed that was new. Such originality as there was lay rather 
in the attempt to frame a written constitution for a federation, 
and in the idea of submitting it to the people for ratifica¬ 
tion. " The work of the convention was a work of selection, 
not a work of creation, and . . . the success of their work 
was not a success of invention, always most dangerous in 
government, but a success of judgment, of selective wisdom, 
of practical sagacity—the only sort of success in politics 
which can ever be made permanent.” ^ 

Its Nature Different from the British Constitution. The 
character of the government established by the new Consti¬ 
tution was something different not only from the govern¬ 
ment of Great Britain, upon which it had been in many 
respects indirectly modeled, but from that of the Confedera¬ 
tion as well. It is doubtful if the framers themselves real¬ 
ized how widely their work diverged from the mass of 
charters, statutes, and usages that made up the unwritten, 
highly flexible constitution of Great Britain. Perhaps the 
cardinal difference lay in the widely different character of 
the two great legislative bodies. Parliament and Congress. 
It should be remembered that the British parliament is and 
was then an absolutely sovereign body. It may make or 
unmake any law, change the constitution or the form of 
government at will, interfere with any of the ” unalienable ” 

1 Wilson, The State, p. 462. 


82 


SCHOOL CIVICS 


rights of the citizen, do any one of a thousand things that 
it never does do. None of its acts can be " unconstitutional,” 
for there is no higher authority competent to pronounce 
them so. In legal theory it is the nation and possesses all 
of the nation’s powers. The Congress of the United States 
is no such sovereign body. Neither Congress nor the presi¬ 
dent nor both together can move one step beyond the strict 
limits assigned them by the Constitution. Their powers are 
carefully enumerated, and any acts done in excess of them 
are simply void. Sovereign power, such as belongs, theo¬ 
retically at least, to the British parliament can be exercised 
in the United States only by the whole body of the people 
acting in the manner prescribed by the Constitution. 

Different from the Confederation. Between the new 
government and the old government of the Confederation 
there were also some radical differences. The new Constitu¬ 
tion did more than merely strengthen the general govern¬ 
ment so as to render it efficient. It changed a confederation 
into a federation — a league of states into a national state. 
The central government operated no longer upon the states 
merely, but upon the individual citizen as well. 

Growth of Nationality. To be sure, the Constitution as 
it existed in 1789 is not exactly the Constitution as it is 
to-day. It has been developed by amendment, first of all, 
but even more by interpretation and by custom ; and prac¬ 
tically all such development has been in the direction of 
nationalization, of consolidation. It must be admitted that 
the federation of 1789 was much looser, much more like 
the old Confederation, than is the Union of to-day. The 
public sentiment of the time, which was for the most part 
indifferent or lukewarm toward the Union and jealously 
watchful of the prerogatives of the states, demanded such 
an interpretation of the Constitution as would impose upon 


THE CONSTITUTION 


83 


the general government the strictest limitations compatible 
with efficiency. As time passed, however, and the nation ex¬ 
panded, bringing into the Union new states with no memory 
of a time when the states were all and the Union naught; 
as a network of railroads gradually spread over the country, 
bringing the people together and making them more homo¬ 
geneous ; as war with other countries wakened a patriotism 
wider than state patriotism, and civil war finally swept away 
the last great barriers between sections — the sentiment of 
nationality slowly prevailed over local prejudices and attach¬ 
ments. Instead of the old jealousy and distrust of the 
general government on the part of the states, there grew 
up a realization of the fact that under the Constitution state 
government and national government are mutually comple¬ 
mentary, that neither usurps the functions of the other, that 
each is a necessary part of a single scheme. 

Relation between the States and the Union. The peculiar 
relation existing between the states and the national govern¬ 
ment is, perhaps, to the student of politics the most puzzling 
feature of our Constitution. It will be remembered that 
under the Articles of Confederation the general government 
was a government of delegated powers, these powers having 
been delegated by the states. Under the Constitution the 
general government may still be said to be a government 
of delegated powers, but the source of authority is no 
longer the states but the people of the United States, 
though the people act through the state organization. 
Further, we may say that during the period of the con¬ 
federation the prevalent theory was that the Union had 
been formed by a mere compact between the states, from 
which they retained the power of withdrawing at will. From 
the time of the adoption of the Constitution to the Civil 
War this theory struggled for supremacy against the opposing 


84 


SCHOOL CIVICS 


opinion that by the ratification of the Constitution the states 
had become inseparable parts of the Union, to which they 
had permanently surrendered their sovereignty. Practically, 
if not theoretically, this question was settled finally by 
the test of civil war; and since that struggle it is admitted 
that, whatever other powers the states may possess, they do 
not possess the power of withdrawing from the Union—the 
right of secession. On the other hand, the states are not 
mere administrative divisions of the general government, 
nor are their powers delegated to them by the Constitution. 
That instrument withholds from them certain powers, but 
such functions as they perform, they perform by an inherent, 
not a delegated, authority. Within their own spheres they 
are completely independent, self-governing bodies. Their 
government is subordinate only in the sense of being less 
than national in its jurisdiction.” 

Departments of Government. Besides this delicate adjust¬ 
ment of powers between state and national government, so 
that both operate without friction even within the same 
sphere, perhaps the most remarkable feature of our Consti¬ 
tution is the strict separation of the three great functions, 
or departments, of government—the legislative, the execu¬ 
tive, and the judicial. By thus separating these three essen¬ 
tial functions of government, making them independent and 
coordinate, and placing in the hands of each the means of 
defending itself against the encroachments of the other 
two, the framers of the Constitution hoped to secure not 
only the rights of the individual citizen, but permanency for 
the form of government established. They tried to establish 
a complete system of ” checks and balances,” so that it 
would be impossible for any one department to overshadow 
the others and seize supreme power. For example, the 
executive power is vested in the president; but through his 



THE CONSTITUTION 


85 


veto power he holds a very effective check upon the legis¬ 
lature, while his right of pardon gives him a share of 
judicial power also. Legislative power is vested in Con¬ 
gress ; but the House of Representatives, through its control 
of the public purse, and the Senate, through its power of 
advice and consent in the matter of appointments and 
treaties, both act as checks upon the executive. Judicial 
power is vested in the Supreme Court and in such inferior 
courts as may be established; but through the power of 
the Supreme Court to pass upon the constitutionality of any 
law, the judicial department acts as a check upon the legis¬ 
lature. At the same time the greatest care was taken to 
make each department as independent as possible of the 
other two — in the case of the judiciary by making their 
tenure of office as secure as possible; in the case of the 
other two, by making them responsible, not to each other, 
but, directly, to the people. 

Stability of the Constitution. Contrary to the expectation 
of many at the time of its adoption, the Constitution has 
proved itself extremely stable. The process of amendment 
provided by the instrument, while not so difficult as to be 
impracticable, as was the case with the Articles of Con¬ 
federation, has nevertheless proved too cumbersome to be 
resorted to unadvisedly. As a result the Constitution has 
been but little changed by amendment. Of the seventeen 
amendments that have been passed, the first ten, often 
called the Bill of Rights, were passed at one time and might 
almost be counted as one; next, the Thirteenth, Fourteenth, 
and Fifteenth, relating to and growing out of the Civil War, 
are really a unit; so that it is perhaps not inaccurate to say 
that the Constitution has really been amended but six times. 
But it has undergone development through the process of 
judicial interpretation and through custom. Mr. Bryce has 


86 


SCHOOL CIVICS 


said of it: The Constitution as a whole has stood, and 
stands, unshaken. The scales of power have continued to 
hang fairly even. The president has not corrupted and 
enslaved Congress; Congress has not paralyzed and cowed 
the president. . . . Neither the legislature nor the executive 
has for a moment threatened the liberties of the people. 
The states have not broken up the Union and the Union 
has not absorbed the states. No wonder that the Americans 
are proud of an instrument under which this great result has 
been attained; which has passed unscathed through the fur¬ 
nace of civil war; which has been found capable of em¬ 
bracing a body of commonwealths more than three times 
as numerous, and with twentyfold the population, of the 
original states ; which has cultivated the political intelligence 
of the masses to a point reached in no other country; which 
has fostered and been found compatible with a larger meas¬ 
ure of local self-government than has existed elsewhere.” 

Library References. Ashley, §§ 121-138; Harrison, chap, i; Macy, 
chaps, vi, XXXV; Dawes, pp. 46-59, 406-418; Bryce, Vol. I, chaps, ii- 
iv; Wilson, §§ 869-884; Hinsdale, chaps, xii-xv; Madison, Journal of 
Constitutional Convention ; The Federalist; Johnston, pp. 12-14; Curtis, 
Vol. H, chaps, i-ii; Channing, pp. 259-270; Fiske, American Political 
Ideas, pp. 57-100; Wilson, Congressional Government, pp. 1-57; 
Hart, pp. 133-135; Lalor, article on "Constitution of the United 
States ” ; Woodburn, pp. 58-93. 

QUESTIONS ON THE TEXT 

1. Mention two governmental institutions that are derived 
from England. 

2. Compare the constitution of the United States with the 
English constitution as to (i) origin; (2) form; (3) susceptibility 
to change. 

3 . What provisions of the Constitution were taken from the 
various state constitutions ? 


THE CONSTITUTION 


87 


4 . Mention one respect in which the constitution of the United 
States differs from that of England. Compare the powers of 
Parliament and Congress. 

5 . Distinguish between "confederacy” and "nation.” What 
kind of government was that of the Continental Congress ? 

6 . Show how the Constitution changed the relations " from a 
league of states into a national state.” 

7 . Into what three departments are the powers of the United 
States government divided, and why is this division made ? 

8 . What is the source of the powers (i) of the United States 
government ? (2) of the state governments ? 

9 . What was the Ordinance of Nullification ? Of what doctrine 
was it an expression ? How has this question been finally settled ? 

10 . Give Mr. Gladstone’s opinion of the Constitution. 

11 . Give the substance of Mr. Bryce’s statement regarding the 
working of the Constitution. 


CHAPTER VIII 


LEGISLATIVE DEPARTMENT: ITS ORGANIZATION 

The Two Houses. In the United States, legislative power 
is vested in a Congress consisting of two Houses, called the 
Senate and the House of Representatives, the former chosen 
in such a way as to make it representative of the states 
(that is, representative of the federal idea), the latter chosen 
in such a way as to make it representative of the people as 
a whole (that is, of the national idea). In the Constitu¬ 
tional Convention there was almost unanimous agreement 
that the new Congress should consist of two Houses. The 
failure of the old Congress of the Confederation, with its 
single House ; the much more satisfactory experience of the 
states, with their bicameral systems; and, most of all, doubt¬ 
less, the faith of the convention in the efficacy of a system 
of "checks and balances," — all tended to secure unanimity 
on this point. It was intended that each House should act 
as a check upon the other, thus preventing overhasty or 
ill-advised legislation. We have already seen whence the 
names " Senate " and " House of Representatives " were 
derived, and how it came about that the basis of repre¬ 
sentation in the two Houses is different (pp. 74, 80). 

Number of Members. In size the two branches of the 
legislature differ greatly, though in neither is the number 
of members a fixed one. The House of Representatives, 
sometimes called the lower House, often simply the House, 
is by far the more numerous. The Constitution provides 
that the number of representatives shall not exceed one for 

88 



The United States Senate Chamber (above) and the Chamber 
OF THE House of Representatives (below) 


89 



















90 


SCHOOL CIVICS 


every thirty thousand of such population as is entitled to 
representation, though every state is to have at least one 
representative; and in order to apportion the representa¬ 
tives, provision was made for a decennial census, the first 
enumeration to be made within three years after the first 
meeting of Congress. Until the first enumeration should 
be made, the Constitution arbitrarily apportioned the repre¬ 
sentatives among the states, making the whole number sixty- 
five. So long as slavery existed, that part of the population 
which was entitled to representation consisted of all free 
persons (including those bound to a term of service and ex¬ 
cluding untaxed Indians), together with three fifths of the 
slaves. Since the passing of the Fourteenth Amendment 
all persons except untaxed Indians have been entitled to 
representation. Since the meeting of the first Congress 
the number of members in the House has been increased 
with the increase of population, though not in direct propor¬ 
tion. After every decennial census Congress determines what 
shall be the whole number of representatives, and they are 
then apportioned among the states according to population. 
By act of Congress, approved August 8, 19ii, to take effect 
March 4, 1913, the number of representatives was fixed at 
435j which is in the ratio of one representative to about 
220,000 of the population. In the first House the ratio was 
one for about every 61,000. The criticism is sometimes 
made that the House has become so large as to be unwieldy, 
but it is still small in comparison with the lower houses of 
the leading European legislatures. In England the corre¬ 
sponding body consists of 670 members; in France, of 
602 ; in Italy, of 508. If a new state is admitted after an 
apportionment act is passed, the new members are addi¬ 
tional to those provided for by the act. Besides the regular 
representatives from the states, there are in the House 


LEGISLATIVE DEPARTMENT 


91 


also delegates from the territories, each organized territory 
being entitled to one. These delegates have the privilege 
of speaking on any question affecting their territories, but 
are allowed no vote. Since representation in the Senate is 
based on the states and divided among all the states equally, 
each state being entitled to two senators, that body also 
increases in size with the admission of every new state. 
Composed at first of twenty-six members, in 1916 it num¬ 
bered ninety-six. 

The Suffrage. The members of the House of Representa¬ 
tives are chosen directly by the people in each state. At 
the time of the Constitutional Convention the limitations 
upon the suffrage differed very considerably in the different 
states, and it seemed wisest to leave to the states the matter 
of deciding who should have the right to vote for represent¬ 
atives ; consequently, it was provided that the electors (those 
possessing the right to vote) in each state should have the 
qualifications necessary for electors of the most numerous 
branch of the state legislature. By the passage of the Four¬ 
teenth and Fifteenth amendments in 1868 and 1870, how¬ 
ever, some restrictions were placed upon this unqualified 
right of the states to fix the limitations of the suffrage. By 
the Fifteenth Amendment states are forbidden to abridge 
the right to vote " on account of race, color, or previous 
condition of servitude,” while the Fourteenth brings strong 
pressure to bear in favor of manhood suffrage by providing 
for a reduction of the basis of representation in proportion 
as any state abridges the franchise of any male citizen 
twenty-one years of age except for participation in crime. 
In spite of these restrictions, however, it is possible for the 
electoral franchise by which the members of the national 
House of Representatives are chosen to differ widely in 
the different states. As a matter of fact, the differences are 


92 


SCHOOL CIVICS 


small. There is practically manhood suffrage everywhere, 
except for the disqualification, in some states, of paupers, 
illiterates, and other defective or delinquent classes. 

Qualifications of Representatives. The qualifications fixed 
by the Constitution for members of the House of Repre¬ 
sentatives are three : the person chosen (i) must be at least 
twenty-five years of age; (2) must have been seven years 
a citizen of the United States; and (3) must, when elected, 
be an inhabitant of the state from which he is chosen. But 
universal custom and, in some states, state law have placed 
a further restriction upon the choice by requiring the repre¬ 
sentative to be also a resident of the congressional district 
from which he is chosen. The advisability of this additional 
qualification has been questioned, especially by European 
critics of our political institutions. In Europe, where this 
local restriction does not generally exist, it has been found 
that representatives of one district elected from some other 
are not less well informed as to local needs or less zealous 
in behalf of their constituents than those chosen from their 
own districts. It is argued against the system that it tends 
to lower the general level of ability in the legislative body, 
on the one hand by returning men of inferior ability from 
some districts where there is little ability or where the best 
talent does not seek an outlet in politics, on the other by 
barring out men of superior ability in districts, such as those 
of the large cities in the older states, where such men are 
more numerous than the places to be filled. In spite of 
criticism, however, there is a deeply rooted public sentiment 
in favor of the restriction. Besides the feeling of local 
pride, which forbids the supposition that a better candidate 
could be found outside the district than within it, and the 
less commendable desire to reward local political services 
with such offices, there is a profound belief that no one 


LEGISLATIVE DEPARTMENT 


93 


can understand local needs or be so zealous in behalf of 
local interests as one residing in the community represented. 

Exclusion of Members-Elect. These are the only restric¬ 
tions imposed upon the people in the choice of their repre¬ 
sentatives, but it does not necessarily follow that every 
representative chosen by a constituency will be seated in 
the national legislature. The House has more than once 
asserted its right to exclude members-elect for treason or 
other crime. During the Civil War an act was passed re¬ 
quiring of persons elected to office a test oath that debarred 
great numbers, and Congress has always maintained its 
right to exclude members-elect in case something in their 
character or careers is strongly condemned by public senti¬ 
ment. It was on this principle that the House of Repre¬ 
sentatives acted in January, 1900, when it excluded Brigham 
H. Roberts of Utah as a violator of federal law relating to 
polygamy and its attendant crimes ; and the Senate in July, 
1911, when it excluded William H. Lorimer of Illinois for 
employing corrupt methods to secure his election. 

Length of Term. While the term of a representative is 
fixed by the Constitution at two years, reelection is possible 
as often as may be pleasing to the constituents. As a mat¬ 
ter of fact, however, it is not the general practice, except 
perhaps in some of the older Eastern states, to return the 
same man term after term. In order to be even moder¬ 
ately sure of retaining his seat through two or three suc¬ 
cessive terms, a representative must usually be either a very 
adroit politician or an eminent party leader. The result is 
that a Congressman’s whole period of service in the House 
is not likely, on the average, to be more than four years; 
and that at each biennial election the composition of the 
House is greatly changed, about half the members being 
new men. This, it is urged on the one hand, is an advantage 


94 


SCHOOL CIVICS 


in a number of ways : rotation in office helps to keep our 
institutions democratic; the biennial elections tend to keep 
the people alive to the political questions of the day; the 
shortness of the term assists in preventing any extensive 
political jobbery; and the occurrence of an election in the 
middle of the president’s term acts as a check upon him 
by .giving the people, if they wish it, an opportunity to ex¬ 
press disapproval of his policy by returning a House politi¬ 
cally opposed to him. On the other hand, there is at least 
one unquestionable objection to the shortness of the term : 
it practically obliges the man who is ambitious for a politi¬ 
cal career to devote his best energy to the securing of his 
reelection rather than to the serious study of legislative 
problems. Mr. Bryce says of this : ” No habit could more 
effectually discourage noble ambition or check the growth 
of a class of accomplished statesmen. There are few walks 
of life in which experience counts for more than it does in 
parliamentary politics. It is an education in itself — an edu¬ 
cation in which the quick-witted Western American would 
make rapid progress were he suffered to remain long enough 
at Washington. At present he is not suffered, for . . . 
nearly one half of each successive House consists of new 
men, while the old members are too much harassed by the 
trouble of procuring their reelection to have time or motive 
for the serious study of political problems.” 

Elections. The times, places, and manner of holding 
elections for members of Congress are left by the Constitu¬ 
tion to the state legislatures, though the right is reserved to 
Congress to alter such regulations of the state legislatures 
at any time, ” except as to the place of choosing senators.” 
Since the adoption of the Constitution, Congress has thought 
best to fix the time for and define the manner of holding 
these elections. For the election of representatives the 


LEGISLATIVE DEPARTMENT 


95 


time prescribed is the first Tuesday after the first Monday 
in November of the even-numbered years. As to the 
manner of election the practice of the states at first varied, 
some electing their members by districts, others electing 
them on a common ticket for the whole state. This last 
method, often called election by general ticket or "at 
large,” usually resulted in giving to the party that carried 
the state the whole number of representatives, though the 
defeated party might have been almost equal in num¬ 
bers. Since 1842 the states have been required to elect 
representatives by districts only, though under certain con¬ 
ditions they are given permission to elect by general ticket. 
The division of the state into districts is left to the state 
legislatures. 

Gerrymandering. This power of marking out the con¬ 
gressional districts has given the state legislatures a very 
important part in determining the composition of the House 
by means of the process known as "gerrymandering”; nor 
have the restrictions placed upon the states greatly dimin¬ 
ished that influence. The process of gerrymandering consists 
in laying out the districts in such a way as to secure for the 
political party making the division a majority in as many 
districts as possible. Thus, where a district is in any case 
hopelessly lost to the gerrymandering party, district lines 
are manipulated in such a way as to throw into it as large 
a proportion of political opponents as possible; where a 
district is doubtful, it is strengthened by adding to it some 
town or section strongly favorable. In interpreting the act 
of 1872, by which it was required that the territory com¬ 
posing the district should be compact and contiguous, any 
territory has been regarded as contiguous that touches the 
district at a single point; and as a result some districts have 
been created quite as absurd in contour as that which first 


SCHOOL CIVICS 


96 

gave rise to the term " gerrymander.” ^ In Missouri, in 
order to throw as great a number of negro voters as possible 
into a single district, one was created that measured along 
its windings a greater length than the state itself. Other 
historic examples are the one-time famous ” shoe-string 
district of Mississippi, about 500 miles long by 40 broad ; the 
” dumb-bell ” district of Pennsylvania ; and the ” monkey- 
wrench ” district of Iowa. 

Representatives at Large. If, after a census, the number 
of representatives in any state has been increased and the 
legislature fails to redistrict the state before the next con¬ 
gressional election, the additional representatives are chosen 
on a general ticket and are known as "representatives 
at large.” 

Vacancies. In case a member wishes to resign for any 
reason, he does so by letter to the governor of his state. 
If a seat becomes vacant by the death, resignation, or expul¬ 
sion of a member, the governor issues a writ for a new 
election. 

Election Expenses. There are always, of course, expenses 
connected with an election — some necessary for clerks, 
polling booths, etc.; some perhaps not absolutely necessary, 
yet regarded as quite legitimate; some entirely illegitimate. 
The official expenses are paid out of the public treasury. 
The total expense varies greatly from district to district. In 
some districts it is very small; in other warmly contested 

1 The name is said to have had its origin in an incident connected with 
the redistricting of Massachusetts by the Republican legislature in i8ii, 
while Elbridge Gerry was governor. In the redistribution one of the dis¬ 
tricts had assumed a somewhat lizardlike form. This was shown on a map 
hanging over the desk of the editor of an opposition paper. The painter, 
Gilbert Stuart, happening to observe the figure, promptly added head, 
wings, and claws, remarking, " That will do for a salamander.” ” Better 
say a Gerrymander,” replied the editor, and the word passed into the 
language. 


LEGISLATIVE DEPARTMENT 


97 


districts, especially in large cities, it mounts up into thousands 
of dollars. It is certain that bribery is resorted to more or 
less frequently, but circumstances make proof of the offense 
so difficult that an election is not often contested on that 
ground. The power of deciding contested election cases 
rests with the House, which does not meet until a year after 
the election.^ Since such a contest is likely to drag over the 
greater part of the first session, there is a general disincli¬ 
nation to enter upon it, the shortness of the term making it 
seem hardly worth while. 

The House: Officers. The first business before a new 
Congress is naturally the business of organization and the 
election of officers. In the House these officers are Speaker, 
clerk, sergeant at arms, doorkeeper, postmaster, and chaplain, 
only the first of whom is a member of the House. The 
term of the Speaker expires with the Congress that elected 
him ; the other officers hold over until their successors are 
chosen. In the organization of a new House the clerk of 
the preceding one plays an important part. It is his busi¬ 
ness to make up the roll of the new House from the certi¬ 
fied returns of the states ; and in doing this he is obliged 
to enroll all who hold regular certificates, even though a 
question of their validity has been raised. Thus, even those 
whose seats are contested take part in the organization of 
the House. Until the House elects a Speaker, the clerk 
of the old House also acts as presiding officer and is 
expected in his rulings to deal fairly with all concerned. 
In case, as sometimes happens, the election of a Speaker is 
more than a formal ratification by the House of a choice 
made in the caucus of the majority party, this duty of pre¬ 
siding may make the clerk of the House for a time an 
important figure politically. The ordinary duties of the 
1 See p. 105. 


98 


SCHOOL CIVICS 


clerk are to keep a record of all questions of order that 
arise, to certify to the passage of bills, to keep an account 
of disbursements, and to keep the House journal and take 
charge of its printing. The duties of the doorkeeper, post¬ 
master, and chaplain are sufficiently indicated by their 
names. To the sergeant at arms is intrusted the task of 
keeping order in the House. He also acts as paymaster of 
the House, paying members and delegates their salaries and 
mileage. The Speaker is the most important officer in the 
House. Indeed, he has been called "the second if not the 
first political figure in the United States." Since his special 
duties and powers will be described in another connection 
(pp. 162-164), it will suffice here to say that he performs 
in the House the usual duties of a presiding officer, and 
calls a member to the chair when the House resolves itself 
into a " committee of the whole," that is, when it changes 
itself from a legislative to a deliberative assembly in order 
to consider particular questions before taking legislative 
action upon them. 

Method of Choice. Nominally the officers of the House 
are chosen directly by the House; actually they have al¬ 
ready been chosen before the House takes action in the 
matter. The real choice is made at a caucus of the ma¬ 
jority party, where a list of the officers is agreed upon. When 
these nominations are made in the House, the party votes 
solidly for them, and the election is of course assured. To 
be sure, the majority could, if it chose, reject the decision 
of the caucus; but it does not choose, so that the election 
by the House virtually amounts to a mere formal ratification 
of the choice made in the caucus. 

The Senate: its Origin and Character. Turning now to 
the Senate, we find ourselves dealing with a body in some 
respects very different in character from the House of 


LEGISLATIVE DEPARTMENT 


99 


Representatives. It is often supposed that the Senate had 
its origin in the necessity for conciliating the small states. 
As we have already seen, this is an erroneous idea (p. 74). 
From the first there was practically unanimous agreement 
in the Constitutional Convention that the national legisla¬ 
ture should consist of two Houses. Some sort of Senate we 
should have had in any case. When the necessity for con¬ 
ciliating the small states arose out of the question as to 
what should be the basis of representation in the national 
legislature, it did nothing but determine the form of the 
Senate. It made it representative of the federal idea — the 
idea that this is a union of states; which is just as true and 
just as important as the national idea — the idea that the 
people of the United States collectively form a single nation, 
one and indivisible. Ever since the convention the pro¬ 
vision of the Constitution giving the states equal represen¬ 
tation in the Senate has found opponents. It is argued that 
it is not fair, not in keeping with democratic institutions, 
that Nevada, for instance, with her 98,726 inhabitants, should 
have as much legislative power in the Senate as New York, 
with her 9,687,744.^ The criticism overlooks the fact that 
the framers of our Constitution did not intend to form a 
simple democratic government for a consolidated state. They 
were building a federal state. Certainly, aside from the fact 
that for the framers of the Constitution it was a practical 
necessity, the plan of equal representation of the states in 
the Senate offers advantages. It gives a real justification for 
the division of the legislature into two Houses by providing a 
distinctly different basis of representation, and it forms a link 
between the state and the national governments. 

The Senate: Constitutional Provisions. The constitu¬ 
tional provisions determining the character and organization 
1 Census of 1915. 


100 


SCHOOL CIVICS 


of the Senate may be summed up very briefly. The signifi¬ 
cance of some of them will have to be considered more at 
length. According to the Constitution the Senate is to be 
composed of two senators from each state, chosen by the 
people ^ for a term of six years. Any person so chosen 
must have attained the age of thirty years ; must have been 
for nine years a citizen of the United States; and must, 
when elected, be an inhabitant of the state from which he 
is chosen. It was provided that after the first election the 
senators were to be divided as equally as possible into three 
classes, the first to retain their seats for two years, the 
second for four, and the third for six, so that one third of 
the Senate might be chosen every second year. When 
vacancies occur in the representation of any state, the execu¬ 
tive of such state shall issue writs of election to fill such 
vacancies. The state legislature may authorize the governor 
to make temporary appointments pending the election to 
fill vacancies. The vice president of the United States is to 
be president of the Senate, but has no vote except in case 
of a tie. The Senate is to elect also a president pro tempore 
and such other officers as it chooses. Every senator is to 
have a vote; that is, the vote in the Senate is to be by 
individuals, not by states. 

The Senate: Objects Aimed at. It is interesting to note 
how these provisions have determined the character of the 
Senate, sometimes resulting as the framers of the Constitu¬ 
tion intended they should, sometimes giving most unexpected 
results. Their main object was to create in the Senate a 
dignified, conservative body possessed of practical experi¬ 
ence and superior intellectual ability, which was to act as a 
check upon the " democratic recklessness ” of the House 
on the one hand, and upon the " monarchical tendencies ” 

^ See Seventeenth Amendment, p. 103. 


LEGISLATIVE DEPARTMENT 


lOl 


of the executive on the other. It was hoped that the higher 
age qualification would result in sending to the Senate men 
of wider information and greater stability of character than 
that ordinarily possessed by members of the House; while 
the indirect manner of election and the length of the term 
were intended to secure greater independence of action than 
was possible or desirable in the lower House. In order that 
it might be an effective check upon the executive, it was 
deemed necessary that the Senate should be made to share 
to a certain extent executive power. Hence its compara¬ 
tively small size. This, too, was the primary reason for the 
division of the Senate into classes. One of its chief execu¬ 
tive functions is to share in the management of foreign 
affairs — a function that can be satisfactorily performed only 
by a body possessing sufficient permanency to assure a cer¬ 
tain continuity of policy. By retiring only one third of the 
Senate every two years such permanency is secured. A 
"new House" is created every second year; a " new 
Senate " never. 

Election of Senators. Of those clauses of the Constitution 
dealing with the Senate, the one providing for a method of 
electing the senators was perhaps the most conspicuous 
failure. The Constitution provided simply that they were 
to be elected by the state legislatures, the time and man¬ 
ner of holding such elections being left to the decision of 
the states, though the right was reserved to Congress "to 
make or alter such regulations by law " at any time. Up to 
1866 Congress took no action in the matter. Then a federal 
law was passed providing a uniform method of election. 
This required that each House should first vote separately 
for the election of a senator. If the choice of both Houses 
did not fall upon the same person, they were to meet in 
joint session and take a viva-voce vote, a majority of each 


102 


SCHOOL CIVICS 


House being present and a majority of the whole legislature 
being required for election. If there was still no election, 
the joint assembly must meet on each succeeding day and 
take at least one vote until a choice was made. These pro¬ 
visions so often resulted in abuse of various kinds (the dead¬ 
lock, the breaking of a quorum, etc.) that agitation arose in 
favor of direct election of senators, and a number of the state 
legislatures formally recorded their approval of the plan. 

Movement toward Direct Election by the People. The 
objections urged against the election of United States sena¬ 
tors by the state legislatures were by no means trifling. 
The tendency was unquestionably to carry the strife of 
national parties into the state legislatures and to make 
national party interests paramount there, to the detriment 
of state interests. This method of election was charged 
" with the deterioration of state legislatures, with the growth 
of machine rule, with the purchasability of senatorships, 
and with the decline of the United States itself.” Various 
methods of securing something like a direct election began 
to be used. The choice of senator was frequently made 
through the expression of the party caucus, later ratified by 
the majority party in the state legislature, thus bringing the 
actual election one step nearer to direct election by the people. 
This was done in response to the demand of the people that 
they be allowed to choose their own representatives in the 
Senate, and undoubtedly influenced Congress to propose the 
amendment to the Constitution providing for the direct 
election of senators by the people at general elections. An¬ 
other method which had its influence on Congress was the 
practice of the state of Nebraska. In that state, voters, when 
voting for members of the state legislature, were permitted 
'' to express by ballot their preference for some person for 
the office of United States senator.” The votes cast for 


LEGISLATIVE DEPARTMENT 


103 


such candidates were canvassed and returned in the same 
manner as for state officers. Where such a system pre¬ 
vailed, any party could propose a qualified candidate for 
senator and secure an expression of popular approval or 
disapproval throughout the state. Of course the legislature was 
not then bound by law to elect a candidate who might have 
been thus indicated as the people’s choice, but the political 
power of any unmistakable expression of popular opinion is 
very great, and such an expression would naturally be ratified 
in the state legislature. Moreover, in the Southern states 
the custom of nominating United States senators at the 
primaries became general, and such nominations were con¬ 
sidered as morally binding upon the state legislature. 

Seventeenth Amendment and Direct Election. Several 
times a resolution providing for an amendment to the Con¬ 
stitution to procure the direct election of senators by the 
people passed the House but failed in the Senate. Finally, 
the second session of the Sixty-second Congress passed a 
resolution (1912) approving a constitutional amendment for 
this purpose. The amendment had to be ratified by three 
fourths of the state legislatures (see Art. V, p. xv). This 
was done, and the state of Georgia was the first to choose 
a senator under the provisions of this amendment (July, 
1913). In 1915 the terms of one third of the members of 
the Senate expired. At the general election in November, 
1914, their successors were elected by direct vote of the 
people. 

The Senate: its Officers. The officers of the Senate, 
except the president, are chosen by that body. They are 
president, president pro tempore, secretary, chief clerk, 
sergeant at arms, chaplain, postmaster, librarian, and door¬ 
keeper. None of these except the president pro tempore is 
a member of the Senate. As we have already seen (p. 100), 


04 


SCHOOL CIVICS 


the vice president of the United States is ex officio president 
of the Senate. He cannot vote except in case of a tie^ nor 
does he appoint the committees; they are chosen by the 
Senate. The president pro tempore, on the other hand, has 
a vote on any question, but cannot cast the deciding vote in 
case of a tie. The vice president, having taken the oath of 
office at his inauguration, takes up his duties as presiding 
officer on the first day of the session and administers the 
oath of office to the new senators. 

Privileges of Members of Congress. The members of both 
Houses are by the Constitution granted certain privileges, on 
the one hand, and subjected to certain restrictions, on the 
other. Except for treason, felony, or breach of the peace 
they are privileged from arrest while attending sessions of 
the legislature or while going to or coming from such meet¬ 
ings, and they cannot be subjected to question outside the 
legislature for any speech or debate made there. The object 
of taking this extraordinary precaution to secure freedom of 
person and freedom of speech to a member of Congress is, 
of course, to prevent his district from being actually deprived 
of its representation by means of a false charge against him, 
or practically deprived of it because his freedom of speech has 
been interfered with. Besides thus securing them special 
privileges, the Constitution provides that Congressmen shall 
be paid for their services out of the federal treasury. The 
question as to whether salaries should be paid to the national 
legislators was warmly discussed in the Constitutional Conven¬ 
tion. English practice was opposed to it; the practice of the 
states favored it. The convention followed the example set by 
the states,^ partly in the belief that men of ability might thus 
be enabled to enter the public service who would otherwise be 

1 Bryce presents the arguments on the other side. See American 
Commonwealth, Vol. I, pp. 194-195, and note. 


LEGISLATIVE DEPARTMENT 


105 


debarred by poverty, and partly with a feeling that the salary 
might be a means of making positions in the national legis¬ 
lature attractive enough to compete with those of the state 
legislatures. The Constitution left the amount of the salary 
to be determined by law, and it has been changed several 
times. Both senators and representatives receive ^7500 per 
year, with 20 cents per mile for traveling expenses to and 
from Washington, and $125 for stationery. Each senator 
is allowed $1800 per year, and each representative ^1500 
per year, for a clerk. The Speaker of the House receives 
$12,000 per year and mileage; the president pro tempore, 
the same while acting as president of the Senate. 

Disabilities. Members of the federal legislature are dis¬ 
qualified for appointment to " any civil office under the 
authority of the United States which shall have been created, 
or the emoluments whereof shall have been increased,” 
during their term of service; and United States officials 
cannot become members of the national legislature and at 
the same time continue in office. The object of the first 
part of this provision was to remove a possible temptation on 
the part of members to create offices or increase the salaries 
attaching to already existing offices for the sake of profiting 
by them personally. The last part is another example of 
concession made to appease state jealousy, the states fear¬ 
ing that the admission of United States officials to seats 
in Congress would give the national government undue 
influence over the states. 

Sessions of Congress. The time fixed by the Constitution 
for the meeting of Congress is the first Monday in 
December. As we have already noted (p. 94), the elec¬ 
tions for members of the House fall in November of the 
even-numbered years, but the House elected in November 
does not meet until December of the following year. There 


io6 


SCHOOL CIVICS 


are two sessions of each Congress : the first, or long, session, 
beginning the first Monday in December a year after elec¬ 
tion and continuing usually until midsummer, though it 
would be possible for it to continue until December; and 
the second, or short, session, beginning likewise in Decem¬ 
ber one year after the opening of the first session and 
continuing until the fourth of March following, when the 
Congress expires. Thus it will be seen that one session of 
each Congress is held after its successor has been elected, 
and that it is possible for the expiring Congress to pass 
legislation of which the people have already expressed dis¬ 
approval by electing a House of a different political com¬ 
plexion. Bills may carry over from the long to the short 
session in the House and perish with the arrival of March 4, 
but Senate bills do not die by the passing of time. The 
daily sessions last usually from noon until four or six o’clock, 
but may be, and often are, prolonged until late at night, 
particularly toward the end of the session. Each Congress 
is two years in length and has two sessions. 

Quorum. It is provided by the Constitution that a 
majority of each House shall constitute a quorum, but a 
smaller number may adjourn from day to day and may 
compel the attendance of absent members. There has 
been some discussion as to whether "a majority of each 
House ” means a majority of the whole number that might 
possibly be elected or a majority of those who are actually 
members — in other words, whether vacancies should be 
counted. The view has generally been held that they should 
not. In case there is no quorum, and fifteen members and 
the Speaker are present, they may proceed to compel the 
attendance of absentees by closing the doors of the House, 
calling the roll, noting the absent members, and then, by a 
majority vote of those present, authorizing the sergeant at 


LEGISLATIVE DEPARTMENT 


107 

arms to arrest and bring into the House such members as 
have no sufficient excuse for absence. 

Procedure. Each House is given the power of determin¬ 
ing its own rules of procedure and of enforcing them by 
punishing disorderly members even to the extent of expel¬ 
ling them, but the concurrence of two thirds of the House 
is necessary for expulsion. , In order that the public may 
be kept informed of the proceedings of Congress, each 
House is required to keep a journal and to publish it from 
time to time, ” excepting such parts as may in their judg¬ 
ment require secrecy.” The debates, however, are published 
daily in the Congressional Record, not in the journal. 

Adjournment. In the matter of adjournment the Consti¬ 
tution provides that ” neither House, during the session of 
Congress, shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that 
in which the two Houses shall be sitting.” This provision 
is designed to prevent the blocking of legislation by the 
adjournment of one of the Houses. If the two Houses can 
come to no agreement as to the time of adjournment, the presi¬ 
dent may adjourn them to such time as he deems proper. 

Comparison with Congress of the Confederation. We have 
already noted the significance of some of the differences 
between the Congress created by the Articles of Confedera¬ 
tion and that created by the Constitution. It may be well 
here to summarize briefly the chief differences in the 
organization of the two bodies. 

1. The Congress of the Confederation consisted of a 
single House ; that created by the Constitution consists of 
two Houses. 

2. Under the Confederation each state was entitled to rep¬ 
resentation through delegates ranging from two to seven in 
number; under the Constitution members are apportioned 


io8 


SCHOOL CIVICS 


according to population in the House and by states in the 
Senate, two for each state. 

3. Under the Confederation the terms of delegates were 
one year in length; under the Constitution representatives 
serve two years, senators six. 

4. Under the Confederation delegates were chosen from 
each state as the legislature of .the state might direct; under 
the Constitution representatives and senators are elected by 
the people. 

5. Under the Confederation each state had but a single 
vote, no matter what the number of delegates ; under the 
Constitution each senator and representative has his individual 
vote (that is, Ohio, 23 ; New York, 45, etc.). 

6. Under the Confederation the salaries of delegates 
were paid by the states; under the Constitution they are 
paid by the United States. 

Library References. Ashley, §§ 255-259, 264-269, 277-282 ; Macy, 
chap, xxxiii, pp. 211-217; Macy, First Lessons, chap, xvii; Dawes, 
chap, ii, pp. 119-127, 139-141 ; Bryce, Vol. I, chaps, x, xii-xiii, xix ; 
Hinsdale, chaps, xvii-xx, xxiii; Wilson, §§ 1054-1061, 1064-1073; 
Federalist; Madison, Journal of Convention; Fiske, pp. 220-228; 
Harrison, chaps, ii-iii; Curtis, Vol. I, chaps, xxii-xxiii, xxv; Wilson, 
Congressional Government, pp. 219-230; Dole, chap, xii; Alton, 
chaps, ii-iii, viii; Lalor, articles on " Gerrymander,” ” Senate,” ” House 
of Representatives”; Woodburn, pp. 196-210, 214-222, 230-231, 
239-243, 246-255. 


QUESTIONS ON THE TEXT 

1 . Describe the legislative department of the national govern¬ 
ment. 

2 . Why was it thought best to have Congress consist of two 
Houses ? What are the advantages of two branches in Congress ? 

3 . Give in substance the provision of the Constitution in refer¬ 
ence to apportionment of representatives. 


LEGISLATIVE DEPARTMENT 


09 


4. How is the number of members composing the House of 
Representatives determined ? State the number composing the 
present House. (See latest edition of the Tribune or World 
A/manae.) When may this number be increased ? 

5. What state has the largest number of members in the 
House of Representatives ? Why ? 

6. How are members of the lower House elected ? 

7. State the qualifications required for membership in the 
House of Representatives and explain the importance of two of 
these requirements. 

8. How long is the term of office of a member of the House 
of Representatives? 

9. How are vacancies in the office of representative filled ? 

10. Define "bribery.” 

11. Mention the principal duties of the Speaker of the House 
of Representatives. 

12. State the basis of representation in (i) the Senate; (2) the 
House of Representatives. Why this difference ? 

13. State the conditions of eligibility to the office of senator. 

14. Give with respect to a senator (i) length of term ; (2) mini¬ 
mum age ; (3) salary ; (4) duties. 

15. One third of the members of the Senate are chosen once 
in two years. Give reasons for the gradual change in membership. 

16. Explain why the Constitution provides that the term of a 
member of the House of Representatives shall be shorter than the 
term of a senator. 

17. How are senators elected ? What is meant by a joint ballot 
in the legislature ? Give the principal arguments for and against 
the election of senators by direct vote of the people. 

18. State how the president pro tempore of the Senate is 
chosen, and mention one duty. 

19. How do the two Houses of Congress differ as to the way 
in which the presiding officer is chosen ? 


I 10 


SCHOOL CIVICS 


■ 20. Under what circumstances are the presiding officers in 
Congress entitled to vote ^ 

21 . Mention two privileges conferred by the Constitution on 
senators and representatives in Congress, and give a reason for 
each provision. 

22 . What privilege have members of Congress as to arrest, 
and why is this privilege given them ? 

23 . How often does Congress meet } 

24 . Define " quorum” ; " majority” ; " plurality.” What is 
meant by '' the Forty-ninth Congress ” } 

25 . In what respects did Congress under the Confederation 
differ from Congress under the Constitution ? 


CHAPTER IX 


LEGISLATIVE DEPARTMENT: ITS POWERS AND LIMITATIONS 

The Taxing Power. When the makers of our Constitution, 
in drafting the document, came to assign powers to the Con¬ 
gress for which they had provided, they dealt first with the 
powers of Congress touching the matter of money, and they 
placed at the head of the list the power '' to lay and collect 
taxes, duties, imposts, and excises.” Experience under the 
Articles of Confederation had taught them the absolute 
necessity of placing the power of taxation in the hands of 
the central government, if it were to continue to exist. 
They had learned that no government can be in any true 
sense a government — that it cannot even continue to exist 
— unless it has the power of securing the means for its own 
continuance. This power is to a government what the power 
of securing food is to an individual of the animal world. 
However highly endowed in other respects, if it lacks this, 
it must soon succumb. The power of taxation is the ulti¬ 
mate means through which government accomplishes the 
objects for which it exists. This the framers of the Consti¬ 
tution recognized, for in clothing Congress with this power 
they added that it was in order that it might ” pay the debts 
and provide for the common defense and general welfare of 
the United States.” 

Taxes: Classification. What, then, are these "taxes, 
duties, imposts, and excises ” that Congress is empowered 
to lay and collect ? How do they differ from each other, and 
how are they laid and collected ? " Tax ” is the general 


111 


I 12 


SCHOOL CIVICS 


name for money demanded by government, for public pur¬ 
poses, from those under its authority. Duties, imposts, and 
excises are all taxes. Taxes are divided into two general 
classes — direct and indirect. A tax is direct when the bur¬ 
den of it is borne by the person from whom government 
demands it — for example, poll taxes and taxes on land, 
property, or income. Indirect taxes "are those which are 
demanded from one person in the expectation and intention 
that he shall indemnify himself at the expense of another " ; 
that is, they are levied on goods before they reach the per¬ 
son who uses them, and are paid by him as a part of the 
price. Duties, imposts, and excises are indirect taxes. With 
the exception of an income tax, provided for by the Six¬ 
teenth Amendment, direct taxes in the United States are 
levied by state and municipal governments; the revenue for 
the general government is largely derived from indirect 
taxes. But Congress has at various times levied other direct 
taxes. Under present constitutional requirements a direct 
tax is apt to work injustice to some sections. Congress is 
forbidden by the Constitution to lay any direct tax except in 
proportion to population.^ If, then, one state has twice as 
many inhabitants as another, it must pay twice as large a 
share of any direct tax that may be levied. At first sight that 
seems just, but as a matter of fact the state that has twice 
as large a population as another has in general more than 
twice as much wealth, so that the tax falls more heavily on 
the less densely populated state. 

Indirect Taxes : Duties. It is, then, in indirect taxes that 
we are chiefly interested here. Duties (also called customs) are 
taxes laid upon goods exported or imported. The term " im¬ 
posts " is by some writers restricted to duties upon imports, 
but the distinction is not generally made. Since Congress 
1 See Art. I, Sec. 9, p. vii, Appendix. 



The Panama Canal (above) and Federal Government Meat 

Inspection (below) 

Our federal government, in constructing this canal, shortened the great 
trade routes of the world by thousands of miles; and by its pure-food laws 
and food inspection it undertakes to guard the health of those who 
consume our products 

”3 













4 


SCHOOL CIVICS 


is forbidden by the Constitution to tax articles exported from 
any state, duties in the United States are always import 
duties. They are of two kinds — specific and ad valorem. 
Specific duties are fixed amounts of taxation laid upon the 
unit of measurement of the article taxed; that is, the duty 
is chargeable by quantity, weight, or number. An ad valorem 
duty is one levied at a certain rate per cent on the value of 
the commodity taxed; that is, the duty is chargeable accord¬ 
ing to the value of the article. Sometimes both a specific 
and an ad valorem duty are levied upon the same article. 

The Tariff. In order that duties may be imposed as it 
desires, the government sees to it that a list of goods, with 
the duties to be paid on them, is made out and placed in 
the hands of the proper officials. Such a list is called a 
tariff or a tariff schedule. The term "tariff” is applied also 
to the duties imposed according to such a list, that is, to 
the resulting revenue, as well as to a law regulating import 
duties. Tariff questions have played a very important part 
in the history of the United States, becoming at times the 
main point at issue between the two great political parties. 
Such questions arise out of differences of opinion as to what 
should be the purpose of government in imposing duties. 
When a duty is laid upon an imported article, the importer 
simply increases the price of it sufficiently to indemnify 
himself for the amount paid to the government.^ Thus the 
price may be increased to such an extent that if the article 
can be produced in this country at all, it will be cheaper to 
produce it here than to buy it abroad. In this way a new 
industry may be created, or an existing one that was in 

1 In theory, a tariff for any purpose is added to the price of the goods; 
in fact, competition between producers in the same country, advantages 
in transportation, and the law of supply and demand so modify the theory 
that in some cases the price to the consumer is equal to or less than the 
foreign price. 


LEGISLATIVE DEPARTMENT 


115 

danger of being forced out of existence may be enabled to 
continue. This policy of creating or fostering home indus¬ 
tries by means of the imposition of duties is known as the 
policy of protection, and those who believe that it is the duty 
of government to maintain such a policy are called protec¬ 
tionists. Their opponents, the so-called "free traders," do 
not generally insist upon a policy of absolute free trade; 
they admit that Congress has the right to impose duties, 
but insist that they should be for the purpose of producing 
revenue only. 

Excises. The other kind of taxes through which the 
government obtains revenue is the kind known as excises. 
These are taxes levied upon the consumption, sale, or manu¬ 
facture of commodities within the country. The revenue 
resulting from them is known as internal revenue. Liquors 
and tobacco are the commodities most commonly subjected 
to this kind of taxation, but these are by no means the only 
ones. When it became necessary, in order to pay the expenses 
of the Spanish-American War, for the government to secure 
additional revenue, the list of articles producing internal 
revenue was greatly increased. A tax was levied on bankers 
and brokers, on all sorts of proprietary articles (patent 
medicines, perfumes, etc.), and on legal documents (bank 
checks, telegraph and telephone messages, express receipts, 
etc.). These documentary taxes were collected by requiring 
that a stamp be affixed to the documents. A later instance 
is the stamp tax levied to meet the deficiency in revenue 
due to the European War (1914), which cut down imports 
and correspondingly reduced the revenue from that source. 

Collection of Taxes. Considerable expense attaches to 
the collection of these federal taxes.^ In order to collect the 

1 In 1914 the federal revenue was ^^734,673,167 from import duties, 
internal revenue, and income and other taxes. 


SCHOOL CIVICS 


116 

import duties, the government has designated certain places 
along the coasts and other boundaries to be used as ports 
of entry. At these places customhouses are established, 
in charge of officials known as collectors of customs, who, 
with their assistants, called inspectors, are charged with 
the duty of examining goods coming into the country and 
assessing the duties upon them according to the existing 
tariff rates. At New York, our principal port of entry, 
nearly two thousand officers and clerks are employed in this 
work. Besides customhouse employees the government is 
obliged to keep in its service also a large number of special 
agents and revenue cutters to prevent smuggling, as the 
illegal importation of dutiable commodities is called. The 
collection of excises is under the supervision of the Com¬ 
missioner of Internal Revenue, who is the head of one of 
the bureaus of the Treasury Department. The country is 
divided into revenue districts, each district in charge of a 
collector, whose duty it is to see that the laws are enforced 
in his district. 

The Power to Borrow. Next after the power of taxation 
the Constitution places in the hands of Congress the power 
"to borrow money on the credit of the United States." 
Under normal conditions every well-regulated government 
is able to provide the means for its support by the ordinary 
methods of taxation; but emergencies, such as war, requir¬ 
ing suddenly increased expenditures, may arise, and the 
government must then obtain revenue either by additional 
taxation or by borrowing, or by both. Of course all money 
borrowed by the government must ultimately be paid by 
taxation, so that the two are closely connected. Borrowing 
only shifts a part of the burden of taxation to a later date — 
to the shoulders of a later generation in most cases. The 
ordinary method employed by government for borrowing 


LEGISLATIVE DEPARTMENT 


I17 

money is the sale of bonds. A government bond is the 
same in nature as a promissory note given by an individual 
when he borrows money. It is the government’s promise 
to pay a certain sum at a certain time, with interest. Some¬ 
times bonds are made payable at the option of the govern¬ 
ment after a certain minimum number of years, but fall due 
within a certain maximum number. The United States gov¬ 
ernment has borrowed money in other ways than by the 
sale of bonds. It has issued treasury notes. These were 
not really different in character from bonds, but they were 
generally smaller in denomination and ran for shorter periods. 
A third method was that employed by the government in the 
legal-tender acts of Civil War times. These acts really pro¬ 
vided for a forced loan from the people. Congress author¬ 
ized the issue of a large number of United States notes, 
which it declared legal tender, that is, money which must be 
accepted in the payment of debt. 

Money : its History. Another important power vested in 
Congress is the power of coining money and regulating its 
value and that of foreign coin. This is not the place to 
enter upon a detailed discussion of the origin and history 
of money. It will be sufficient to note that as soon as trade 
begins to develop, men begin to feel the need for some 
convenient medium of exchange, that is, for some sort of 
money. Different substances have been used for this pur¬ 
pose among different peoples at various times; but metals, 
and particularly gold and silver, have been found most con¬ 
venient and have been generally adopted. At first the mere 
bits of metal were used, their value being determined by 
weighing. Later they were wrought into some sort of form 
and marked in some way to indicate their weight; in other 
words, they were coined ; but this process, being at first in 
private hands, could give neither uniformity nor assurance 


ii8 


SCHOOL CIVICS 


of value. Thus governments began to assume this function 
of coinage, and the government stamp became a pledge of 
the value of the coin. 

Power of Coinage. United States Money. At the time 
of the adoption of the Constitution there was ijo uniform 
monetary system in the country (the money in circulation 
consisting of a variety of foreign coins — Spanish dollars, 
English shillings, etc.), and the need for uniformity had 
become obvious. This was secured by vesting in Congress 
alone the power of coining money and regulating its value. 
The actual process of coining money is carried on by the 
government at its mints. Of these the first was established 
at Philadelphia in 1792, and this still remains the principal 
one. Since then mints have been established at San Fran¬ 
cisco, New Orleans, Denver, and Carson City. The gov¬ 
ernment also maintains a number of assay offices — places 
where gold and silver are brought to be tested for the pur¬ 
pose of determining their purity. The coinage of money is 
under the direction of one of the bureaus of the Treasury 
Department, known as the United States Mint. The officer 
in charge of this bureau is called the Director of the Mint. 
Gold, silver, nickel, and bronze are the metals used in 
coins. At present the gold coins issued from the mints of 
the United States are the double eagle, eagle, half eagle, 
and quarter eagle; the silver coins are the dollar, half dol¬ 
lar, quarter dollar, and dime; the minor coins are the nickel 
and one-cent piece. The gold coins and the silver dollars 
have been declared legal tender for any amount, except 
when the contract stipulates otherwise; the smaller silver 
coins in sums not exceeding ten dollars ; the other coins 
up to twenty-five cents. Besides its coins the United States 
also issues paper money. This is made at the Bureau of 
Printing and Engraving, which, like the United States Mint, 


LEGISLATIVE DEPARTMENT 


119 

is under the direction of the Treasury Department. The 
kinds of paper money now in circulation are United States 
notes, silver certificates, gold certificates, treasury notes of 
1890, national banknotes, and the notes of the federal 
reserve banks. 

Counterfeiting. We have seen that the power of con¬ 
trolling the monetary system of the country was put into 
the hands of Congress in order that the people might be 
able to count upon its uniformity and the value and genu¬ 
ineness of the money issued. To accomplish this fully it 
was necessary that another power should be granted to Con¬ 
gress, namely, the power "to provide for the punishment 
of counterfeiting the securities and current coin of the 
United States.” To counterfeit anything is "to make a 
copy of it without authority or right, and with a view to 
deceive or defraud by passing the copy as original or genu¬ 
ine.” In the matter of money the law regards it as counter¬ 
feiting either (i) to manufacture, (2) to put into circulation, 
or (3) to have in possession with intent to circulate forged 
coins or securities of the United States. The forged coins 
may be of equal weight and purity with those of the gov¬ 
ernment ; they are none the less counterfeit. By the term 
"securities of the United States” is meant the bonds, 
paper money, etc. mentioned above, together with postage 
and revenue stamps. So important is it that the genuine¬ 
ness of the nation’s money should be beyond suspicion, that 
the penalties provided for the offense of counterfeiting are 
extraordinarily heavy; and not only the general government, 
but the several states, have enacted laws for its punishment. 
It is also forbidden to counterfeit within the United States 
the coins, notes, bonds, etc. of foreign governments. 

Power to Regulate Commerce. It will be remembered 
that one of the defects of the Articles of Confederation was 


120 


SCHOOL CIVICS 


that they left the control of commerce entirely in the hands 
of the separate states, with what unsatisfactory results we 
have already seen (p. 64). It will be remembered also 
that the Constitutional Convention itself grew out of the 
attempts made through the Alexandria and Annapolis con¬ 
ventions to solve these difficult commercial problems, and 
that it was only with the greatest reluctance that some of 
the states finally yielded to the general government the right 
to control their commercial relations with other states and 
with foreign nations. This right was finally yielded, how¬ 
ever, and Congress was given the power " to regulate com¬ 
merce with foreign nations and among the several states, 
and with the Indian tribes.” Commerce with the Indian 
tribes was a matter of considerably more importance in 1787 
than it is now, and its regulation by the general govern¬ 
ment was a practical necessity if frequent and disastrous wars 
were to be avoided. Foreign and interstate commerce, on 
the other hand, have so increased in volume, and the ques¬ 
tions involved have become so complex, that it would be 
now more than ever impossible to leave the control of them 
in the hands of the states. 

Foreign Commerce. Congress, in accordance with the 
above-mentioned provision, has enacted a great variety of 
laws for the protection and facilitation of our commerce. 
When the matter of taxation was under discussion (p. 115), 
it was noted that for the purpose of collecting import duties 
the government had designated certain places to be used as 
ports of entry, and had established customhouses at such 
places. At these ports all vessels are obliged to clear and 
enter. Before a vessel leaves port, the master is required to 
show that all harbor duties have been paid and all regula¬ 
tions observed. Thereupon the collector of customs at that 
port issues a certificate called a clearance, and the vessel is 


LEGISLATIVE DEPARTMENT 


I2I 


free to sail. Upon arrival in port, entry is accomplished by 
the master’s reporting to the collector, presenting a state¬ 
ment of his cargo, and delivering the clearance received at 
his last port, if he has touched at an American port. Con¬ 
gress has also passed navigation laws defining the nationality 
of our ships (that is, determining what vessels shall be re¬ 
garded as American), the manner of their registration, the 
privileges that shall be granted them, and the conditions 
under which foreign vessels may engage in the commerce 
of the country. Registration, or registry, is the process by 
which United States vessels secure the protection of this 
government in any part of the world. There is issued to 
the registered vessel by the government a document contain¬ 
ing a general description of the vessel, and this is intended 
to serve as a means of identification and a certificate of pro¬ 
tection. In 1914 Congress passed a law admitting foreign- 
built ships to American registry. Before this date only 
vessels owned by citizens of the United States and built 
in this country were registered. Under the authority of 
this provision also Congress has taken measures for the 
protection of shipping by building and maintaining light¬ 
houses and buoys, providing life-saving stations, improving 
harbors, establishing quarantine regulations, requiring the 
employment of licensed pilots, making coast surveys, etc. 
Finally, it is by virtue of this provision that Congress has 
undertaken to regulate immigration to the United States. At 
present, admission to the country is denied to the following 
classes of persons : the Chinese, convicts, insane persons, 
paupers and those liable to become paupers, polygamists, 
anarchists, persons afflicted with contagious diseases, and 
laborers under contract to perform labor or service in the 
United States, excepting persons engaged in the professions 
and skilled laborers employed in the establishment of new 


122 


SCHOOL CIVICS 


industries. The object of these restrictions is obviously to 
bar out those classes of persons who would be likely to con¬ 
stitute an undesirable element — namely, those who, because 
of some mental, moral, or physical defect, could hardly be 
expected to become desirable citizens ; those who for eco¬ 
nomic reasons would be objectionable in the eyes of a large 
proportion of our own population; and those who, because of 
wide racial differences, could not be easily "Americanized.” 

Interstate Commerce. Not less important than its control 
over foreign commerce is the power granted to Congress 
to regulate interstate commerce. In interstate commerce is 
included not only land traffic between the states but also 
coast trade and commerce upon navigable rivers. In its 
river and harbor bills, therefore. Congress yearly makes 
large appropriations in aid of interstate commerce. The 
most important piece of legislation in regulation of inter¬ 
state commerce ever passed by Congress was the Interstate 
Commerce Act of 1887. This was intended to relieve the 
public of some of the evils that had grown up in connection 
with the development of the great railway systems of the 
country. When the numerous small competing lines had 
been consolidated into a few great systems controlling a very 
large proportion of all interstate commerce, combination be¬ 
tween these systems for the purpose of raising freight ^ and 
passenger rates, or securing for themselves other unfair 
advantages, became comparatively easy. The Interstate Com¬ 
merce Act was an attempt to remedy such evils. Among 
other things it provided (i) that all rates should be reason¬ 
able ; (2) that there should be no unfair discrimination be¬ 
tween persons, corporations, or localities; (3) that equal 
facilities should be given to all connecting lines; (4) that 

1 See Montague, The Rise and Progress of the Standard Oil Company. 
New York, 1903. 


LEGISLATIVE DEPARTMENT 


23 . 


the charge for a short haul ” should not be greater than 
for a "long haul" under similar conditions; (5) that there 
should be no " pooling" ^ agreements; and (6) that an 
Interstate Commerce Commission should be created to 
supervise the administration of the law. The commission 
created in accordance with the act consists of five persons 
appointed by the president with the consent of the Senate., 
It has power to investigate all cases brought before it, to 
take testimony, and to render decisions; but it cannot en¬ 
force its decisions by the infliction of penalties. That can 
be done only by regular process of the courts; and since 
conviction is a difficult matter, the Interstate Commerce 
Law has never been fully enforced. Nevertheless the com¬ 
mission has exercised great influence in lessening the evils 
that the law was intended to correct. 

Anti-Trust Law. Another important legislative act for 
the regulation of interstate commerce is the Federal Anti- 
Xrust Law, or Sherman Act, of 1890, making illegal "any 
contract, combination in the form of a trust or otherwise, 
or conspiracy in restraint of trade or commerce among the 
several states or with foreign nations." A trust may be 
loosely defined as a combination of manufacturers in any 
particular line, organized for the purpose of securing greater 
economy in production and preventing some of the losses 
incident to competition. Those who form a trust ordinarily 
do so with the hope of being able to limit the output of the 
commodity and control prices, thus violating the common 
law principle which forbids any unreasonable restraint of 
trade. A majority of the states have therefore passed laws 

1 "Pooling” is an arrangement whereby a number of roads turn their 
earnings into a common fund to be distributed among the companies con¬ 
cerned, in certain proportions agreed upon beforehand, the object being to 
remove the temptation to cut rates. Sometimes the freight itself is divided 
among the roads in fixed proportions. 


124 


SCHOOL CIVICS 


prohibiting such combinations so far as their operations 
affect trade within the states, while the Federal Anti-Trust 
Law attempts to secure like protection for commerce be¬ 
tween the states and with foreign nations. 

Bankruptcy Laws. The right of Congress to establish 
uniform laws on the subject of bankruptcies throughout 
the United States'’ may likewise be looked upon as a 
power given for the sake of enabling the government to 
afford more effective protection to interstate commerce. 
The power of Congress to pass bankruptcy laws does not 
interfere with the retention of a similar power by the states ; 
it only limits the power of the states in this manner. State 
bankruptcy laws affect only contracts made within the state 
between citizens of the state. Moreover, during the exist¬ 
ence of a national bankruptcy law, state laws that are in 
conflict with it in any particular are suspended. 

Piracy. Congress is also given, by another clause of the 
Constitution, the power ” to define and punish piracies and 
felonies committed on the high seas and offenses against 
the law of nations.” Piracy, that is, robbery committed on 
the high seas or committed by descent upon the coasts 
from the sea, is a menace to commerce and must natu¬ 
rally be made punishable by the authority whose duty it is 
to protect commerce. Felonies committed on the high seas 
and offenses against the law of nations are very likely also 
to have to do with commerce, and must in any case be 
made punishable by the United States, since the law of 
nations recognizes only the government of the nation, not 
that of New York or Ohio. 

Weights and Measures. The same clause of the Consti¬ 
tution that gives Congress power to coin money gives it 
authority also to ” fix the standard of weights and measures.” 
Though this is a matter of considerable importance to trade. 


LEGISLATIVE DEPARTMENT 


125 


it was not until 1875 that Congress established a Bureau of 
Weights and Measures, and not until 1901 that a law was en¬ 
acted giving full effect to this grant of power by establishing 
a national standardizing bureau in the Treasury Department. 

War Powers. We have seen how powerless Congress 
was under the Articles of Confederation to prosecute a 
vigorous war. Fortunately, before they went into effect the 
Revolution was already drawing to a close, and while they 
remained the fundamental law of the land, the government 
was not again called upon to face the emergency of war. 
The members of the Constitutional Convention, however, 
realized the danger and remedied the defect of the old 
government by granting to the new one ample military 
powers. Congress was given power 

1. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water; 

2. To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years ; 

3. To provide and maintain a navy; 

4. To make rules for the government and regulation of 
the land and naval forces; 

5. To provide for calling forth the militia to execute the 
laws of the United States, suppress insurrections, and 
repel invasions; 

6. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may 
be employed in the service of the United States, reserving 
to the states respectively the appointment of the officers, 
and the authority of training the militia according to the 
discipline prescribed by Congress. 

In addition to these powers Congress was given the right 

7. To exercise exclusive legislation in all cases whatsoever 
over all places purchased by the consent of the legislature of 


126 


SCHOOL CIVICS 


the state in which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful buildings. 

Declaration of War. When the Constitutional Convention 
eame to discuss the question as to where the power to 
declare war should reside, they considered the plan usually 
followed by European nations of leaving that prerogative 
with the executive. The question was settled, however, 
by their adopting what they felt to be the more republican 
as well as the safer principle of granting this important 
power to the representatives of the people. While a formal 
declaration of war is not a necessary preliminary to hostili¬ 
ties, it is usual for a nation to make such a declaration. 

Armies. The power to declare war implies as a conse¬ 
quence the power to raise and support armies. Under 
ordinary circumstances Congress raises armies by enlistment 
{voluntary enrollment), but in case of necessity it may raise 
them, and has raised them, by conscription or draft (forced 
enrollment). It rests with Congress also to determine the 
size of the army and the term for which the men shall 
serve; to furnish the necessary supplies and equipment; to 
build fortifications, arsenals, barracks, hospitals, etc.; to 
provide schools for the instruction of officers and men ; 
to do all that may be necessary to make the army efficient. 
It was thought best, however, in giving Congress this power 
of raising and supporting armies, to impose an important 
restriction. It was provided that no appropriations for this 
purpose should run for a longer term than two years. This 
keeps the army strictly dependent upon the people for its 
existence and support and enables them to control the 
military policy of the country. As a matter of fact, these 
appropriations have generally been made annually. 

The Regular Army. The policy of the United States has 
been to keep the army small, relying upon the militia for 


LEGISLATIVE DEPARTMENT 


127 


defense in emergencies. Fear of the possible power of the 
army, our geographical position, and our nonparticipation 
in world politics are the reasons for this policy. Prior to 
1899 the army could not exceed 27,000 enlisted men. In 
that year Congress increased the number to 65,000. In 
1901 the maximum was raised to 100,000, and in 1916 to 
211,000.1 Qm- former policy concerning world politics has 
changed, owing largely to conditions growing out of the 
Spanish-American War. Our insular possessions, our rapid 
increase in population, our commercial expansion, and the 
changed conditions in Europe demand an army and a navy 
equal to the task of defending the rights of 02ir people and 
of repelling mvasion. In times of peace the army is organ¬ 
ized into divisions and brigades. In times of actual or 
threatened hostilities the president may organize these into 
army corps, or armies. A division is made up of three or 
more brigades; a brigade, of three or more regiments; a 
regimeiit, if infantry, of twelve companies, if cavalry, of 
twelve troops, if artillery, of as many battalions as the presi¬ 
dent may determine. The president is commander in chief 
(ex officio), but the actual operations of the army are directed 
by a lieutenant general. A division is commanded by a 
major general; a brigade by a brigadier general; a regi¬ 
ment, by a colonel, a lieutenant colonel, and three majors; 
a company, or troop, by a captain and first and second 
lieutenants. Noncommissioned officers are first sergeant, 
sergeant, and corporal. The general staff prepares plans for 
national defense and for mobilization. 

The Militia. In addition to the regular army the defense 
of the country is provided for by means of the militia. As 

1 Six European powers at war in 1914 maintained in 1911, on a peace 
basis, a total standing army of 3,289,000 men. Question: Will national 
standing armies prevent or provoke war t 


28 


SCHOOL CIVICS 


defined by Congress this is made up of all able-bodied male 
citizens between the ages of eighteen and forty-five. It is 
partly organized and partly unorganized. The organized 
portion, known as the national guard, is regularly equipped, 
drilled, and officered; but this work is done by the states 
according to the discipline prescribed by Congress, and the 
choice of all regimental officers of the militia is left to the 
several states. In case they are needed "to suppress insur¬ 
rections or repel invasions," the president issues a call to 
the governors of the states, who thereupon furnish the 
necessary troops. They then become a part of the military 
force of the United States and are subject to the same dis¬ 
cipline as the regular army. Six times the militia has been 
called out: during the Whisky Rebellion, the War of 1812, 
the Civil War, the Spanish War, the Philippine insurrection, 
and to guard the Mexican border in 1916. 

The Navy. For many years before 1883 the United 
States navy, as compared with the navies of the Old World, 
was very insignificant. Only for a short period during and 
immediately after the Civil War was it maintained in any¬ 
thing like a state of efficiency. During the last quarter of 
a century, however, the rapid expansion of our commercial 
and political relations with distant parts of the world has 
resulted in the building up of a really efficient navy.^ The 
power granted to Congress to build and maintain a navy im¬ 
plies of course the power to do whatever may be necessary 
to make it efficient — to enroll seamen, construct vessels, 
establish navy yards and docks, furnish supplies and muni¬ 
tions, and provide for the instruction of officers and men in 
schools or elsewhere. In some states a naval militia has 

1 On January i, 1918, our navy consisted of 150,000 officers and men 
and 30,000 marines, making it (probably) second only to that of Great 
Britain. 


LEGISLATIVE DEPARTMENT 


129 


been organized. If called into service in time of war, they 
man vessels for the defense of the harbors, thus freeing 
the regular naval force for other duties. In the navy the 
offices of admiraP and vice admiral correspond to that of 
general in the army — that is, they are honorary titles; 
neither of these offices is permanently maintained. The 
office of rear admiral corresponds to that of lieutenant gen¬ 
eral in the army. The other officers are commodores, 
captains, commanders, lieutenant commanders, lieutenants, 
lieutenants junior grade, ensigns, and naval cadets. 

Military Law and Courts. To Congress also is assigned 
the duty of making rules for the government and regula¬ 
tion of the land and naval forces. Accordingly there has 
been enacted a code called the '' military law,” prescribing 
tactics and arrangement of troops, classifying officers and 
men, regulating their pay, defining military and naval 
offenses, and providing for their punishment by means of 
special tribunals called courts-martial (that is, military courts), 
whose jurisdiction and procedure it establishes. 

Letters of Marque and Reprisal: Captures. It will be 
noticed that the same clause that gives Congress power to 
declare war gives it also the power to ” grant letters of 
marque and reprisal and make rules concerning captures 
on land and water.” Letters of marque and reprisal are 
permits issued by a national government in time of war 
to vessels owned and officered by private persons, giving 
them the privilege of seizing the property of the enemy 
wherever found. Such vessels are called privateers and 
have in past wars wrought great injury to commerce. When 
our Constitution was framed, the custom of granting letters 
of marque and reprisal was general; but in 1856 an agree¬ 
ment was entered into by most of the great European 

1 New International Encyclopedia, Vol. I, p. 144. 


30 


SCHOOL CIVICS 


powers that privateering should be abolished. Neither 
Spain nor the United States was a party to this agree¬ 
ment, and at the breaking out of the Spanish-American 
War the question of permitting privateering came up. Our 
government decided to observe the agreement of 1856. 
Spain, on the other hand, declared in favor of granting 
letters of marque and reprisal, though none were actually 
granted. It seems hardly likely that our government will 
ever again resort to this method of naval warfare. The 
rules laid down by Congress in regard to captures are 
briefly as follows : captures on land are the property of the 
government; captures on the water are sold. If the cap¬ 
tured vessel is superior or equal in rank to the vessel 
making the capture, the proceeds are divided among the 
victorious crew according to the pay of each ; if the cap¬ 
tured vessel is of inferior rank, half the proceeds go to the 
government, the rest to the crew. 

Military Property. We have already seen that in pro¬ 
viding and maintaining an efficient army and navy. Con¬ 
gress has need of a large amount of military property, such 
as forts, magazines, arsenals, dockyards, etc. Over all places 
purchased from the states for the purpose of erecting such 
structures or any other necessary buildings. Congress is of 
necessity given the right to exercise exclusive legislation. 
No matter in what state they may be located, they are never 
subject to state law, except that the states usually reserve 
the right to serve civil and criminal writs on persons within 
the ceded territory. 

Miscellaneous Powers: Naturalization. Besides the powers 
granted to Congress in matters relating to money, commerce, 
and war, the Constitution also confers upon it a number 
of other powers not easily classified. One of these is the 
power " to establish a uniform rule of naturalization.’' 


LEGISLATIVE DEPARTMENT 


131 

" Naturalization ” is the term applied to the process by 
which persons who have been citizens of one country 
become citizens of another. Before the adoption of the 
Constitution each state made its own naturalization laws 
without much regard to the rules existing in other states. 
The natural result was confusion, which was remedied by 
giving this power into the hands of the general government. 
Until the passage of the Fourteenth Amendment to the 
Constitution some question existed as to what constituted 
citizenship in the United States. That amendment settled 
the question by declaring that " all persons born or natu¬ 
ralized in the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the state 
wherein they reside.” All other residents of the United 
States are aliens. 

Naturalization Laws. Since the adoption of the Consti¬ 
tution, Congress has passed several naturalization laws. 
The present law requires that the alien who desires to be¬ 
come a citizen must appear before a court of record at least 
two years before admission to citizenship and there declare 
on oath his intention to become a citizen and to renounce 
his allegiance to any other government. This declaration is 
then recorded and the applicant is furnished with a copy 
of the record. Two years later the applicant for citizenship 
must appear in open court, must furnish proof that he has 
resided continuously in the United States for five years, and 
for at least one year in the state or territory where the 
court is held, and that he has behaved as a man of good 
moral character. He must then take an oath to support the 
constitution of the United States and renounce allegiance to 
any foreign government. If he has held any foreign title or 
order of nobility, it must be renounced. These facts are 
then recorded and a certificate of naturalization is granted. 


132 


SCHOOL CIVICS 


The wife and minor children of a naturalized citizen become 
citizens through his naturalization. Minor children take the 
citizenship of their parents. Thus children born abroad to citi¬ 
zens of the United States, either native born or naturalized, 
are American citizens. Naturalization is denied to Chinese. 

Postal Service. Another of the miscellaneous powers be¬ 
longing to Congress is the power " to establish post offices 
and post roads.” In granting this power the Constitutional 
Convention was simply continuing a power that had already 
been delegated to the general government by the Articles 
of Confederation. The postal service is, indeed, so obviously 
a matter that can be managed by the general government 
better than by the states, that it is not surprising that it 
aroused little discussion. But the members of the conven¬ 
tion seem not to have foreseen how vast and important an 
enterprise the postal system of the United States was to 
become. "The Federalist,” discussing this matter very 
briefly, says, as if half apologizing for troubling the gen¬ 
eral government with so unimportant a business: "Noth¬ 
ing which tends to facilitate the intercourse between the 
states can be deemed unworthy of the public care.” We 
shall not, perhaps, be surprised at this attitude if we remem¬ 
ber that in 1790 there were in the United States only 
75 post offices and 1875 miles of mail routes, and that the 
total postal revenue was only ^37,935 ; while in 1915 there 
were nearly 56,380 post offices, more than 433,334 miles 
of mail routes, a revenue of ^287,248,165, and an expendi¬ 
ture of ^298,546,026. The United States does not attempt 
to make its postal system pay a profit, the policy having been 
for the last half century and more to conduct it simply on 
an expense-paying basis. As a matter of fact, during most 
of that period the annual expenditures have been greater 
than the revenue. Since 1870 there has been every year 


LEGISLATIVE DEPARTMENT 


133 


except five a deficit, that of 1909 amounting to nearly 
18,000,000. The law defines as post roads "all letter 

carrier routes in towns and cities, all railroads and canals, 
and all the waters of the United States during the time mail 
is carried thereon." 

Copyrights and Patents. The power to issue copyrights 
and patents is another power given to Congress, the pur¬ 
pose assigned in the Constitution itself being "to promote 
the progress of science and useful arts." Copyright may 
be defined as the grant by a government to the author of 
an intellectual production (book, painting, sculpture, design, 
photograph, musical composition, etc.) of the exclusive right 
for a limited time to multiply and dispose of copies of it. 
A person desiring to secure a copyright on such a produc¬ 
tion sends to the' copyright office immediately after publica¬ 
tion two copies containing the copyright notice, in the case 
of a book or similar publication, and, in case of a work of 
art, a photograph. A fee of one dollar must be paid to the 
register of copyrights for recording the title and furnishing 
a certificate of such record. If the production is a photo¬ 
graph and no certificate is required, the fee is fifty cents. 
Lectures and other oral addresses, and dramatic and musical 
compositions not reproduced for sale, may be copyrighted by 
paying one dollar and filing one complete copy. A copy¬ 
right runs for a period of twenty-eight years and is re¬ 
newable for twenty-eight more. A patent is the grant by a 
government to the author of a new and useful invention, of 
the sole right to make and sell it for a limited term. The 
inventor who desires a patent must, in his application to the 
commissioner of patents, declare under oath that he believes 
himself to be the real author of the invention ; must file in 
the patent office a full description of the article, together 
with drawings and possibly a model; and must pay a fee 


134 


SCHOOL CIVICS 


of $iS on filing his application and an additional $20 if the 
patent be allowed. A patent is issued for a term of seven¬ 
teen years, and may be renewed for a term of seven years 
by the commissioner of patents or by act of Congress, pro¬ 
vided, however, that the inventor has not received an 
adequate money return. 

The National Capital. By the same clause of the Consti¬ 
tution which gave Congress power to control all places pur¬ 
chased for the erection of forts, magazines, etc., power was 
also conferred upon it to " exercise exclusive legislation . . . 
over such district (not exceeding ten miles square) as may, 
by cession of particular states and the acceptance of Con¬ 
gress, become the seat of the government of the United 
States.” The need for such a provision had been shown 
by an unpleasant experience suffered at Philadelphia by the 
Congress of the Confederation at the hands of an unpaid 
portion of the Revolutionary troops in 1783. The failure of 
the state government to afford the protection asked for had 
made it clear that the federal legislature must be given the 
power to protect itself and the seat of the federal govern¬ 
ment from the possibility of a repetition of such insults. 
From 1785 to 1790 New York was the national capital. 
In 1790 the seat of government was transferred to Phila¬ 
delphia, where it remained until 1800, when it was per¬ 
manently located in the District of Columbia. This was a 
piece of territory, originally ten miles square, lying along 
the Potomac, which was ceded to the United States by the 
states of Maryland and Virginia to be used as the seat of 
the national government. About thirty square miles on the 
right bank of the river were afterward receded to Virginia. 

District of Columbia: its Government. The government 
of the District is provided for entirely by the federal authori¬ 
ties, the people having no political rights. The executive 


LEGISLATIVE DEPARTMENT 


135 


officers are three commissioners, two of whom are appointed 
for three years by the president with the consent of the Sen¬ 
ate, and one detailed from the corps of engineers of the 
United States army by the president to serve during his 
pleasure. They have general charge of municipal affairs, 
providing for the policing of the District, fire protection, 
education, etc. All officers other than the three commis¬ 
sioners are appointed by the president. The commissioners 
have the power to recommend needed legislation, but Con¬ 
gress is the legislative body of the District, and all bills 
relating to it are passed in the regular manner. Congress 
pays one half the expenses for the government of the terri¬ 
tory ; the other half is met by taxation of the inhabitants. 
The judicial power of the District is vested in a supreme 
court (consisting of a chief justice and four associate jus¬ 
tices), a court of appeals (consisting of a chief justice and 
two associate justices), justice courts, a police court, and a 
juvenile court. 

Government of Territories. Closely allied to this special 
power granted to Congress, to govern the territory in which 
is located the seat of the federal government, is the power 
granted it in another article of the Constitution "to dispose 
of and make all needful rules and regulations respecting 
the territory or other property belonging to the United 
States." It is from this provision that Congress derives 
the authority to govern its territories. We have already 
seen (p. 58) that before the adoption of the Constitution 
the vast tract of land known as the Northwest Territory, the 
different portions of which were claimed by several of 
the states, had been ceded by those states to the general 
government. Following these cessions the Congress of the 
Confederation passed the act known as the Ordinance of 
1787, providing a government for this vast public domain 


136 


SCHOOL CIVICS 


— an act that has been called '' the most important piece 
of general legislation of the Confederation epoch.” It is 
certain that Congress under the Articles of Confederation 
had no power to pass such an ordinance, and many writers 
have declared it of no effect. It matters little now, for the 
first Congress that assembled under the Constitution, 'having 
been given the authority to pass such legislation, reenacted 
the ordinance, which has ever since furnished the model 
upon which the territories of the United States have been 
organized. 

Organized and Unorganized Territories. The Spanish- 
American War, resulting as it did in the acquisition by the 
United States of a number of insular possessions, most of 
them containing a population very different in character 
from that of the states and other territories, has very con¬ 
siderably complicated the problems of territorial government. 
Previous to that war the territories were simply divided into 
two classes — organized and unorganized. In the organized 
territories of Alaska, Hawaii, and Porto Rico the govern¬ 
ment conforms, in the main, to the following type. There 
are the three departments of government, — legislative, 
executive, and judicial, — with similar duties performed by 
corresponding departments of state governments. The legis¬ 
lature consists of two houses, a council and a house of 
representatives, elected for a term of two years by the voters 
of the territory, voting in districts. The sessions are bien¬ 
nial and limited to sixty days. The sphere of legislation in 
the territorial legislature is nearly as wide as that of the 
state legislatures, but Congress has the power to annul or 
modify any act, thus maintaining complete control over the 
internal affairs of the territory. The people of the territory 
send to Congress a delegate, who has the privilege of 
debate but no vote. The executive department consists of 


LEGISLATIVE DEPARTMENT 


137 


a governor, appointed by the president, with the consent of 
the Senate, for a term of four years; a secretary similarly 
appointed; a treasurer; an auditor; and usually a superin¬ 
tendent of public instruction, appointed by the governor. 
The governor is ex officio commander of the militia. He 
has a veto power over the acts of the legislature, but his 
veto may be overridden by a two-thirds vote of the house. 
He makes annual reports to the president and sends a 
message to the territorial legislature. The judicial depart¬ 
ment consists of a supreme court of three or more judges 
appointed for a term of four years by the president with 
the advice and consent of the Senate. Our unorganized 
territories consist of our small island possessions. The civil 
government of these is administered by a governor — a naval 
officer nominated by the navy department and appointed by 
the president. Congress has enacted a code of laws for 
unorganized territories. 

Territories : a New Classification. Since the Spanish- 
American War a decision of the Supreme Court has practically 
established a new classification for the territories. According 
to this decision there are (i) those constituting ''a part of'' 
the United States, and (2) those "belonging to " the United 
States. To the first class belongs Alaska; to the second 
belong Hawaii, Porto Rico, the Philippines, Guam, the Virgin 
Islands, and the Samoan possessions of the United States. 
Hawaii and Porto Rico have been given organized territorial 
governments conforming in a general way, though not com¬ 
pletely, to the type existing in the organized territories con¬ 
stituting "a part of" the United States. Hawaii is "an 
integral part" of the United States according to the treaty 
of annexation. The other territories " belonging to ” the 
United States are variously governed by the military or 
naval authorities or by special commissions. 


138 


SCHOOL CIVICS 


Power to Establish Courts. One other specific power the 
Constitution intrusts to Congress — namely, the power "to 
constitute tribunals inferior to the Supreme Court." In 
accordance with this grant of power, Congress created, by 
the judiciary act of 1789, the district courts and the circuit 
courts, and defined their functions. In 1855 it established 
the court of claims, and in 1891 the circuit courts of ap¬ 
peals ; in 1911 it abolished circuit courts (see Chapter XIII). 

The Elastic Clause. So far we have been dealing with 
specific powers granted to Congress by the Constitution. 
There remains to be considered a very important clause, 
often called the " elastic clause," conferring upon Congress 
by a general grant of power the right to do whatever may 
be necessary and proper for carrying out the provisions of 
the Constitution. The exact wording of the clause is as 
follows: Congress shall have power "to make all laws 
which shall be necessary and proper for carrying into exe¬ 
cution the foregoing powers and all other powers vested by 
this Constitution in the government of the United States, 
or in any department or officer thereof." It is out of the 
difference of opinion as to the interpretation of this clause 
that the two great schools of constitutional construction 
have arisen — the strict constructionists and the liberal con¬ 
structionists, the defenders of the doctrine of state rights 
and the upholders of the opposing doctrine of implied 
powers. The first insist that the Constitution, and in 
particular this clause of it, should be strictly and narrowly 
construed, so as to give Congress power to pass only such 
laws as are absolutely necessary in order to make effective 
the powers expressly granted. The liberal constructionists, 
on the other hand, maintain that by the phrase " laws which 
shall be necessary and proper " is meant, not only such as 
are indispensable to the exercise of the powers granted to 


LEGISLATIVE DEPARTMENT 


139 


Congress, but all such as are in any way conducive to their 
complete execution. The decisions of the Supreme Court, 
when that body has been called upon to settle constitutional 
questions arising under this clause, have in general been 
made on the principle of liberal construction. 

Special Powers of Each House. We come now to the 
consideration of certain special powers granted to each of 
the two Houses of Congress, but not to Congress as a 
whole. We have seen that each House is given the power 
of controlling its own organization and members (pp. 93, 
97) 103), but there is given to each in addition certain im¬ 
portant governmental powers. The special powers possessed 
by the House of Representatives are three in number; the 
power to initiate all bills for raising revenue, the power of 
impeachment, and the power of electing the president in 
case no choice is made by the electors. The special powers 
of the Senate are (i) the power to ratify treaties and to con¬ 
firm presidential appointments, and (2) the power to act as 
a court of impeachment. 

The House : Revenue Bills. Doubtless the convention, in 
intrusting only to the House of Representatives this power 
of initiating revenue bills, was influenced largely by the 
practice of England, where for several centuries that power 
had resided in the House of Commons. It was felt that 
the House, being renewed at frequent intervals by popular 
election, and thus standing more closely in touch with the 
people than could the Senate, ought to be given control 
of the power of taxing the people. But the convention was 
influenced also by a less theoretical reason. The larger 
states, fearful that they might be unfairly taxed if the Senate 
were given equal powers with the House in this matter, 
demanded this provision as a protection and also as a com¬ 
pensation for having yielded to the Senate the right to 


140 


SCHOOL CIVICS 


ratify treaties and to try impeachments. By the same clause, 
however, the Senate is given the power to propose or con¬ 
cur with amendments to revenue bills — a power of which it 
avails itself so freely that most money bills, whether for 
raising revenue or for expending it, are finally passed only 
by means of conference and compromise between the two 
Houses. There is no constitutional provision that appro¬ 
priation bills (bills for the expenditure of money) should 
originate in the House, but as a matter of custom the 
important general appropriation bills do originate there. 

The House: Impeachment. In placing the power of im¬ 
peachment (bringing charges of official misconduct against 
an official) solely in the hands of the House of Representa¬ 
tives the convention was again borrowing indirectly from 
English practice through the state constitutions. According 
to the Constitution the persons who may be impeached are 
the president, the vice president, and all civil officers of the 
United States, the term ''civil officers” being used here in 
distinction from military and naval officers, who are subject 
to military law and whose offenses are tried by courts-martial. 
Since offending senators and representatives may be expelled 
by a two-thirds vote of their respective Houses, it has been 
deemed unnecessary to impeach them. The offenses for 
which officers may be impeached are "treason, bribery, or 
other high crimes and misdemeanors ” ; but the exact mean¬ 
ing of the last phrase has never been accurately determined. 
Since the adoption of the Constitution there have been 
nine impeachment trials. Of these, six have been aimed at 
the judiciary, with three convictions. 

The House: Presidential Election. The election of the 
president by the House of Representatives has occurred 
twice — in the case of Jefferson in i8oi, and of John 
Ouincy Adams in 1825. In assigning this power to the 


LEGISLATIVE DEPARTMENT 


141 

House of Representatives the convention, mindful of the 
fact that large executive powers (the confirmation of presi¬ 
dential appointments and the ratification of treaties) had 
been given to the Senate, felt that that body should have 
no voice in the appointment of the executive. 

The Senate: Executive Powers. Of the special powers 
of the Senate, the two just mentioned — the ratification of 
treaties and the confirmation of appointments — are execu¬ 
tive in their nature; the third — the power to act . as a 
court of impeachment — is judicial. Though the Senate 
was created as a part of the federal legislature, it was at 
first looked upon principally as an executive body. Ham¬ 
ilton, in "The Federalist,"^ speaks of the executive power 
as divided between the president and the Senate; and the 
Senate for the first five years of its existence conducted 
itself as an executive body, holding its sessions in secret 
until 1794. The senators looked upon themselves to a great 
extent as ambassadors from the states, and the president 
and cabinet officers sometimes consulted in person with the 
Senate. Not until after the creation of its standing com¬ 
mittees in 1816 did it become coordinate with the House in 
legislation. At present we think of the Senate as primarily 
a legislative body, but it may at any moment turn itself 
into an executive body by going into " executive session." 
This it does when the subject under discussion is the con¬ 
firmation of appointments or the ratification of treaties. As 
a matter of fact, though the penalty for disclosing what 
goes on behind the closed doors of the Senate is expulsion, 
it has been found very difficult to maintain secrecy, particu¬ 
larly in the matter of the confirmation of appointments. 
For this reason there has been some agitation in favor of 
abandoning the "secret session." 


1 The Federalist, Nos. 64-66. 


142 


SCHOOL CIVICS 


The Senate: Working of These Powers. It was the pur¬ 
pose of the convention, in giving these powers into the 
hands of the Senate, to impose a check upon the power of 
the president. This it certainly does to some extent, though 
it is questioned whether the imposition of this check has 
operated entirely in the interests of good government. The 
participation of the Senate in the treaty-making power, re¬ 
ducing as it does the difficulties always experienced by 
popular governments in dealing with foreign affairs, ha«^ 
generally been approved by critics of our political arrange¬ 
ments, though even here the requirement of a two-thirds 
vote for ratification has been criticized as giving too much 
power into the hands of a troublesome minority. Such a 
minority, intent upon party or local rather than upon national 
interests, may find it possible to postpone indefinitely or 
prevent altogether the settlement of important foreign 
affairs. The value of the other executive function intrusted 
to the Senate (the power of confirming presidential appoint¬ 
ments) is in general more seriously questioned. It is 
asserted that the arrangement does not in practice prevent 
abuses of the president’s appointing power — that if the 
president and the majority in the Senate are of the same 
party, the appointments are arranged between them and 
the real object of the provision is defeated, and if they are 
of opposite parties, the Senate confirms the worst appoint¬ 
ments in order to subject the president to hostile criticism 
in the next political campaign. 

The Senate: Judicial Function. The only judicial func¬ 
tion of the Senate is to act as a court for the trial of im¬ 
peachment cases. The method of procedure is as follows : 
The charges against the officer impeached are preferred, as 
we have already seen, by the House of Representatives, 
which prepares articles of impeachment corresponding to 


LEGISLATIVE DEPARTMENT 


43 


the indictment in ordinary criminal trials. The House then 
chooses by ballot a number of "managers” to conduct the 
case before the Senate. The Senate organizes for this pur¬ 
pose by putting its members under oath to conduct the trial 
impartially. If the president is being tried, the chief justice 
acts as presiding officer; in other cases the president or 
president pro tempore of the Senate presides. A two-thirds 
vote of the members is required for conviction, the object 
being to prevent the use of impeachment for party purposes. 
The accused may appear in person or through counsel; wit¬ 
nesses are examined, evidence taken, and the Senate then 
deliberates in secret session. In case of conviction the only 
punishment that the Senate has power to impose is removal 
from office and disqualification for further official service 
under the United States, but the officer is still liable to 
trial before the ordinary courts if he- has committed any 
crime. During the trial the accused may continue his regu¬ 
lar duties. In case of conviction the president cannot exercise 
his pardoning power. This power of trying impeachment 
cases was not granted to the Senate by the convention with¬ 
out objections, but the objections then urged have proved 
groundless. 

Limitations upon Congress: Taxation. So far we have 
been dealing with the powers granted to Congress as a 
whole and with the special powers granted to the separate 
Houses. We come now to some limitations imposed upon 
Congress by the Constitution — the things which Congress 
may not do. The restrictions laid upon Congress in the 
matter of taxation are two : (i) it may lay no capitation or 
other direct tax except in proportion to the census (this re¬ 
striction, however, has been modified by the adoption of the 
Sixteenth Amendment, which gives Congress the right to 
tax incomes) ; (2) it may lay no tax or duty on exports. If 


144 


SCHOOL CIVICS 


a direct tax is levied, it must be in proportion to population; 
that is, the amount of revenue to be collected by the tax 
must be determined, and this must then be apportioned 
among the states according to population. The prohibition 
laid upon Congress in the matter of taxing exports was a 
practical necessity. The extent of the country and the variety 
of its resources make it, and made it even in 1787, practi¬ 
cally impossible to lay such a tax without working injustice 
and hardship somewhere. There was, nevertheless, in the 
convention, a difference of opinion on this point, some hold¬ 
ing that the government would be incomplete without a 
power to tax exports as well as imports. 

Commerce. Appropriations. The restrictions imposed upon 
Congress in the matter of commerce relate to the slave trade 
and to interstate matters. The provision in regard to the 
slave trade was the -result of one of the compromises of the 
Constitution already noted elsewhere (p. 75). It will be 
remembered that in the convention the delegates from the 
slave-holding and slave-trading states objected to giving 
Congress complete control over commerce, lest the economic 
interests of their states might suffer by a too sudden aboli¬ 
tion of the slave trade. The debate resulted finally in the 
concession to Congress by the slave states of full ultimate 
control of commerce in return for a continuance of the slave 
trade for a limited period. Congress being prohibited from 
forbidding the traffic prior to the year 1808. In regard to 
interstate affairs. Congress is forbidden to make any regu¬ 
lation that shall give a preference to the ports of one state 
over those of another, or that shall oblige vessels bound to 
or from one state to enter, clear, or pay duties in another. 
Congress is also prohibited from drawing money from the 
Treasury " but in consequence of appropriations made by 
law, and a regular statement and account of the receipts 


LEGISLATIVE DEPARTMENT 


145 

and expenditures of all public money shall be published 
from time to time.” 

Other Restrictions: Habeas Corpus. A few other restric¬ 
tions are laid upon Congress with the purpose of securing 
to the citizens of the United States personal liberty and 
equality. These are the provisions in regard to the suspen¬ 
sion of the writ of habeas corpus, in regard to bills of at¬ 
tainder and ex post facto laws, in regard to titles of nobility, 
etc. The Constitution provides that the privilege of the 
writ of habeas corpus shall not be suspended, unless when, 
in cases of rebellion or invasion, the public safety may re¬ 
quire it.” The writ of habeas corpus is "a guaranty of 
personal liberty as old as Magna Charta.” It is a writ 
granted by a court requiring a prisoner to be brought before 
the court in order that the legality of his detention may be 
investigated, and that he may be at once liberated if illegally 
detained. The question as to where the right to suspend 
the writ is lodged was left unsettled by the Constitution. 
By judicial decision it has been given to Congress, but that 
body may grant the right to the president. In the few 
cases where the writ has been suspended — namely, during 
the Civil War — the power was exercised by the president. 

Bills of Attainder: Ex Post Facto Laws. The passing 
of bills of attainder and ex post facto laws is absolutely for¬ 
bidden by the Constitution. Bills of attainder are special 
legislative acts inflicting capital punishment for high offenses, 
such as treason, without a judicial trial. If the punishment 
inflicted is less than death, the bill is properly a ” bill of 
pains and penalties ” rather than of attainder. The ex post 
facto law is defined by Chief Justice Marshall as "one which 
renders an act punishable in a manner in which it was not 
punishable when committed.” English jurists have held 
that the term applies only to criminal, not to civil, law, and 


46 


SCHOOL CIVICS 


the United States Supreme Court has taken the same posi¬ 
tion ; but from the discussion that took place in the conven¬ 
tion concerning this point it would seem that the framers 
of the Constitution meant by "ex post facto laws" all that 
are retroactive. 

Titles of Nobility. Finally, " No title of nobility shall be 
granted by the United States; and no person holding any 
office of profit or trust under them, shall, without the con¬ 
sent of Congress, accept of any present, emolument, office, 
or title of any kind whatever from any king, prince, or 
foreign state." At the time of the adoption of the Consti¬ 
tution and even much later there existed a general feeling 
of antagonism to titles. They were regarded as inseparable 
from aristocratic and monarchical forms of government, 
and Hamilton called their prohibition the corner stone of 
republicanism. The last part of the provision was inserted 
to preserve foreign ministers and United States officers 
from the danger of bribery by foreign governments. 

Library References. Ashley, §§ 272-275, 292-297, 301-325, 396— 
398 ; Macy, Our Government, chaps, xxvi-xxvii, xxxviii, xl; Macy, First 
Lessons, chaps, xvi-xvii; Dawes, chaps, iii, xv, pp. i 29-130, 146-148; 
Hinsdale, chaps, xxi-xxii, xxv-xxvi, pp. 330-333 ; Fiske, pp. 228-229, 
254-257, 263-268; Bryce, Vol. I, chaps, xi, xvi-xvii, xlvii; Wilson, 
§§ 1047-1052, 1084; Harrison, pp. 58-67 ; Curtis, Vol. I, chaps, xxvi- 
xxvii; Wilson, Congressional Government, chap, iii, pp. 230-241,275— 
277; Clow, chap, iii; Dole, pp. 69-71, chap, xvi; Alton, chaps, xxiv, 
xxix; Lalor, article on " Powers of Congress”; Woodburn, pp. i 58-172, 
177-182, 211-213, 231-239, 255-257, 305-310, chap. viii. 


QUESTIONS ON THE TEXT 

1. Why are the general powers of Congress enumerated in the 
federal constitution, while similar powers of state legislatures are 
not specified in state constitutions ? 

2. State five powers of Congress. 


LEGISLATIVE DEPARTMENT 


147 

3. Mention three important powers vested exclusively in the 
House of Representatives, and give the reason in each case. 

4. Has the Senate any executive power ? Discuss fully. 

5. State three purposes for which the government may 
properly levy taxes. 

6. Define '' taxes.” Mention two kinds of taxes and discuss 
the justice of each. 

7. Distinguish between direct and indirect taxes. 

8. What are the sources of the revenue of the general govern¬ 
ment ? Does the United States government levy any direct tax at 
the present time ? State in substance the constitutional provision 
regarding the apportionment of direct taxes among the several 
states. 

9. When are taxes called duties ? State the manner in which 
duties are collected. What limitation is there to the powers of 
Congress to levy duties ? Give the reason for this limitation. 

10. Distinguish between ad valorem and specific duties. Define 
tariff ” ; " reciprocity.” 

11. What is an excise duty } On what articles are excise duties 
now laid ? 

12. Should Congress be given the power to regulate commerce ? 
Give reasons for your answer. 

13. Define "ports of entry.” Name one United States port of 
entry on the Atlantic, one on the Pacific, and one on the Gulf coast. 

14. Show the importance of the power possessed by Congress 
to borrow money on the credit of the United States. 

15. To what extent is immigration now restricted ? What is the 
object of the restrictions ? 

16. Show the necessity of the power possessed by Congress to 
regulate interstate commerce. 

17. Define " bankrupt law.” Why is a bankrupt law desirable 

18. Define "piracy.” Show the importance of the power pos¬ 
sessed by Congress to define and punish felonies committed on 
the high seas. 


148 


SCHOOL CIVICS 


19. Why is the power to declare war vested in Congress alone ? 

20. Define " letters of marque”; "privateer.” What name is 
given to property captured in time of war.^ What disposition is 
made of such property ? 

21. What is naturalization? Describe the process by which it 
is secured in this state. Is the process uniform in all the states ? 

22. Define " alien ”; " citizen.” What differences exist in the 
duties, rights, and privileges of aliens, naturalized citizens, and 
natural-born citizens ? 

23. What classes of foreigners are refused citizenship in the 
United States? Why? 

24. On what ground has the United States claimed the right 
to interfere when railway traffic has been interrupted by strikes ? 

25. What is a copyright, and how is it obtained ? State for how 
long a time it is issued. State its purpose. May it be renewed ? 

26. What is a patent ? For how long a term is a patent issued ? 
How may it be renewed ? What is the purpose of granting patents ? 

27. Mention the chief peculiarity in the government of the 
District of Columbia. Explain the importance of congressional 
control over the District of Columbia. 

28. In what body is the government of a territory vested ? 
What representation has a territory in Congress ? 

29. What is the restriction in the Constitution regarding the 
origin of revenue bills ? What is the object of this restriction ? 

30. Define " impeachment.” What officers of the United States 
are subject to impeachment ? 

31. Mention (i) two powers of the Senate not possessed by the 
House of Representatives; ( 2 ) one power of the House not pos¬ 
sessed by the Senate. 

32. What is meant by " executive session ” ? Which body of 
Congress holds executive sessions ? Mention two purposes for 
which executive sessions are held. On what ground is its abolition 
advocated ? 


LEGISLATIVE DEPARTMENT 


149 

33. Define " treaty.” Show the importance of the power of the 
Senate to ratify or reject treaties made by the president. 

34. Show the importance of the power of tlie Senate to reject 
nominations made by the president. 

35. In whom is vested the power to try cases of impeachment? 
Give an account of the national court for the trial of impeachments 
as to jurisdiction and method of procedure. 

36. Mention five restrictions imposed upon Congress by the 
Constitution. 

37. Give the provision of the Constitution in regard to (i) the 
privilege of the writ of habeas corpus, ( 2 ) bills for raising revenue, 
( 3 ) the drawing of money from the Treasury. 

38. Define appropriation.” Show the importance to the 
people of the constitutional provision regarding appropriations. 

39. Define ” writ of habeas corpus.” Explain the importance 
of this writ as a protection to the right of personal liberty. 

40. Define " bill of attainder.” 

41. What is an ex post facto law ? Are there any such laws in 
the United States ? Give a reason for your answer. 

42. What is a title of nobility ? Why does the Constitution 
forbid Congress to grant such a title ? 


CHAPTER X 


LEGISLATIVE DEPARTMENT: ITS WORKING 

The Senate Chamber. The work of the national legisla¬ 
ture is carried on in different parts of the Capitol, the 
Senate Chamber occupying a part of the north wing, 
the Chamber of the House of Representatives the south. 
The room occupied by the Senate, naturally much the 
smaller of the two, is rectangular in form, the seats being 
arranged semicircularly, facing the chair of the presiding 
officer, which occupies a raised marble dais at the end of 
the room. The seats are armchairs, each with its desk. 
Around the four sides of the room run galleries, one of 
which is reserved for the president of the United States. 
The open space back of the senators’ chairs is furnished 
with sofas, and into this senators may bring visitors. The 
bare aspect of the walls, unbroken by windows (for the 
room is lighted from above) is somewhat relieved by a few 
pictures. The Democratic senators occupy the right side of 
the room, the Republicans the left; but because of the 
semicircular arrangement of the seats, they face the chair, 
not each other. 

Chamber of the House. The chamber occupied by the 
House is much larger — so large indeed as to make speak¬ 
ing there a difficult task. Like the Senate Chamber, it is 
lighted from above and supplied with huge galleries run¬ 
ning round all four sides and capable of seating twenty-five 
hundred people. As in the Senate, the seats of the mem¬ 
bers are arranged in concentric rows about the Speaker’s 

150 


LEGISLATIVE DEPARTMENT: ITS WORKING 151 

marble chair on its raised platform. Below and in front of 
the Speaker rests the mace, and here too are seated the 
clerks and official stenographers, with the sergeant at arms 
to the right. As in the Senate Chamber, there is an open 
space furnished with sofas back of the members’ seats, to 
which certain visitors are admitted. 

Character of Members. In the character of their mem¬ 
bers the two Houses show a somewhat marked difference, 
the Senate containing a considerably larger proportion of 
men of superior intellectual capacity, political experience, 
and personal dignity. The great majority of the senators 
are successful lawyers, many of whom still practice before 
the Supreme Court; and there are many ex-governors, ex¬ 
representatives, ex-state-judges, and ex-state-legislators. In the 
Senate of the Fifty-eighth Congress there were twenty ex¬ 
governors, four ex-judges, and thirty-three ex-representatives. 
Thus we have in the Senate a body of men possessed already 
of considerable political training, whose political efficiency 
is sure to be increased by their experience as senators. This 
is not to say that the Senate is made up of men different 
in kind from those in the House. Like the representa¬ 
tives, the senators are for the most part active politicians, 
who have made their way by means of the ordinary political 
methods ; but the Senate, because it confers on its mem¬ 
bers more power and greater dignity, a longer term of 
service and a more independent position, has proved more 
attractive to men of ability and ambition and has been able 
to draw to itself the ablest of those who have chosen a 
political career. In the House, as in the Senate, lawyers are 
numerous, though they are for the most part not leaders 
in their profession. The rest are recruited from the mem¬ 
bership of the House, from the ranks of the manufacturers, 
agriculturists, bankers, and journalists. Great railroad men, 


152 


SCHOOL CIVICS 


like great lawyers, are rare, and for the same reason. The 
attractions of a career in the House are not sufficient to 
overcome those of a successful practice at the bar or of a 
great railway business. Unlike the Senate, the House of 
Representatives has few very wealthy members, though few 
are very poor. Taking the House as a whole, it is not 
made up of men of the highest culture or the widest infor¬ 
mation, though there is no lack of character, shrewdness, 
and keen, if limited, intelligence. If they lack breadth of 
view, it is due to lack of opportunity rather than to natural 
incapacity. This condition is largely due to the American 
system of " rotation in office,” or passing the office around 
(see p. 167 ). 

Methods of Legislation. So much for the men by whom 
the work of national legislation is conducted. Let us now 
see something of the methods in use in the making of 
laws. All laws enacted by the national legislature make 
their first appearance in that body in the form of bills. 
A bill is simply a form, or draft, of a proposed law, and may 
be very radically changed before it is finally enacted. The 
Constitution provides for three ways in which a bill, once 
introduced into Congress, may become a law : (i) It may 
be passed by a majority of both Houses and signed by 
the president. This is the normal way. ( 2 ) It may, how¬ 
ever, after passing both Houses, meet with the disapproval 
of the president. Thereupon it is returned, without his sig¬ 
nature, to the House in which it originated, his objections 
are entered upon the journal, the bill is reconsidered, and 
may be repassed by a two-thirds vote of both Houses, the 
vote being taken by yeas and nays. It then becomes a law 
without the president’s signature. ( 3 ) It may be passed by 
a majority of both Houses and sent to the president, who 
may neglect to return it within ten days, Sundays excepted. 


LEGISLATIVE DEPARTMENT: ITS WORKING 


53 


In that case also it becomes a law without the president’s 
signature, unless Congress adjourns in the meantime. The 
Constitution does not, however, attempt to lay down rules 
as to the means by which Congress shall accomplish the 
work intrusted to it. That body having been created, and 
its powers and limitations clearly defined, it is left to work 
out its own salvation and evolve its own methods. As the 
field of legislation has grown wider and more complicated 
with the growth of the nation, the methods of dealing with 
it have also grown more complex, so that we cannot hope 
here to follow them in detail. We must be content if we 
can understand clearly the more important features of our 
system of legislation. 

Stages of a House In order that a bill may be en¬ 

acted into law it must pass through the following stages : 
First, it must be introduced. If it is introduced in the 
House, this is done by handing it to the Speaker or laying 
it on his desk, in case it is a public bill; or by handing it 
to the clerk of the House, in case it is a private bill. When 
reached in the order of business, the bill is read for the 
first time by title only and is then referred by the Speaker 
to its proper committee. In the committee the bill comes 
up for discussion, after which the committee may decide 
either not to report it at all, to report it so late in the 
session that no action can be taken upon it, to report it 
adversely, or to report it favorably. If the bill is dropped 


1 In the Senate the method of procedure is as follows : Each morning 
the presiding officer of the Senate calls for the presentation of bills, resolu¬ 
tions, and petitions, and the senators, each as he may secure recognition, 
present such bills as they may desire. In presenting a petition the senator 
states briefly its purport and asks its reference to the appropriate committee. 
When a bill is offered, it is carried by a page to the clerk’s desk; the title 
is read and an appropriate reference ordered by the presiding officer, 
unless the senate, by a vote, itself directs the reference. 


154 


SCHOOL CIVICS 


in committee, it is of course " killed ” without actually 
reaching the House at all. If it is reported adversely by 
the committee, it is usually dropped by the House without 
debate, so that in general only those bills that are reported 
favorably by the committees are actually considered by the 
House. When reported, the bill is read a second time, this 
time in full, and is then placed on the calendar. This does 
not necessarily mean that it will come up at some definite 
time for further consideration. It may never get farther than 
the calendar, its fate depending less upon its importance 
than upon the skill and energy of the member who has it 
in charge. If a bill succeeds in reaching a third reading, it 
is read by title only, unless a reading in full is demanded. 
The question is then put, " Shall the bill pass.?” and the 
debate follows. When the "previous question” is called 
for, the debate is closed by the member reporting the bill, 
and the vote is taken. If the bill passes the House, it is 
signed by the Speaker and the clerk and is then taken to 
the Senate. Here it is at once referred by the presiding 
officer to its appropriate committee, after which it passes 
through practically the same stages as in the House. If it 
passes the Senate unamended, it goes to the president for 
his signature; but either House has the power of amend¬ 
ing the bills of the other, and an amended bill must be 
returned to the House in which it originated and the amend¬ 
ment must be accepted before it can be regarded as passed 
by the two Houses. In case either House refuses to accept 
an amendment of the other, the bill fails to become a law; 
or a conference committee is appointed, consisting of 
members from the Senate and House committees concerned 
with the bill, and a compromise may be agreed upon. The 
different methods of disposing of bills that have passed both 
Houses of Congress have already been considered. 


LEGISLATIVE DEPARTMENT: ITS WORKING 155 


The Committee System. The process of legislation thus 
described seems comparatively simple; as a matter of fact 
there is much here requiring explanation and comment. 
Let us look first at the committee system. It is almost in¬ 
evitable that, when a great nation like our own vests its 
law-making power in a representative body, that body, if 
it is truly representative, should attain very considerable 
size. One of the most difficult problems of representative 
government is this one of getting large assemblies to per¬ 
form the work of legislation promptly and efficiently. Two 
plans for solving the problem have been worked out. One 
is the plan of having the majority party in the legislative 
body appoint a small committee of leaders to draft the 
necessary measures, which are then adopted and intrusted 
to this group of leaders for execution. These leaders are 
held responsible. If their measures meet with the approval 
of the people, they can count on retaining the support of the 
majority in the representative body. If not, the opposing 
minority will become a majority, and a new group of leaders 
will be substituted. This is in brief the English plan of 
solving the problem — the cabinet, or ministerial, system of 
government. The other is the plan of dividing the legisla¬ 
tive body into a number of small groups, each with its own 
field of action and each independent of the rest, the legis¬ 
lative body as a whole having the power either to adopt or 
reject the suggestions of the groups in regard to the matters 
intrusted to them. This is the congressional plan of gov¬ 
ernment — the committee system, by which our legislature 
accomplishes its work. 

The Committees .1 It is impossible here to review the 
history of the committee system in the LFnited States, 
interesting as it is. A description of it as it exists and 

1 Congressional Directory, edition 1918; Senate, p. 162, House, p. 185. 


156 


SCHOOL CIVICS 


works at present must suffice. In 1916 there were in the 
House of Representatives fifty-eight regular committees, each 
constituting what Senator Hoar has called a " little legis¬ 
lature,” so far as the management of its own particular busi¬ 
ness is concerned. In addition to these the House may at 
any time create select committees for special purposes, such 
as the conference committee, mentioned above, for the pur¬ 
pose of conferring with a like committee from the Senate. 
The House may also at any time go into committee of the 
whole ” ; that is, the House may resolve itself into a com¬ 
mittee in order to debate more freely some measure then 
pending. When this is done, the Speaker calls some other 
member to the chair and the special rules of the House are 
suspended. By far the greatest part of the work of Con¬ 
gress is done in the regular standing committees, to which 
all bills are referred. Among the most important of the 
standing committees of the House are the committees on 
rules, on ways and means, on appropriations, elections, bank¬ 
ing and currency, accounts, rivers and harbors, judiciary, 
foreign affairs, and military affairs. In 1916 there were in 
the Senate seventy-five standing committees; there were 
also three joint standing committees. In the Senate, it 
^will be remembered, the committees are selected by the 
Senate itself. The most important of the Senate com¬ 
mittees are those on finance, appropriations, foreign affairs, 
privileges and elections, judiciary, and commerce. It is by 
no means always certain to what committee a bill should be 
referred, and this may become a matter of considerable im¬ 
portance to the fate of the bill, since, of two possible com¬ 
mittees, one may be favorable, the other hostile. The 
disposition to be made of petitions, memorials, and private 
bills is indicated on them when they are handed to the clerk 
by the members introducing them. Other bills are regularly 


LEGISLATIVE DEPARTMENT: ITS WORKING 157 

referred to their proper committees by the Speaker, but his 
action may be changed in three ways : (i) by unanimous 
vote of the House; ( 2 ) on motion of the committee claim¬ 
ing jurisdiction; ( 3 ) on the report of the committee to which 
the bill has been referred. If a dispute arises as to the 
reference of the bill, it is settled by vote of the House. 

Power of the Committee. When a bill has once been 
referred, the power of the committee over it is rarely ques¬ 
tioned. Committee meetings for the consideration of bills 
are usually secret, and the public has no means of knowing 
how individual committee members have voted or what 
influences have been brought to bear on the committee. 
Open meetings for taking evidence on the bill and for hear¬ 
ing the arguments of its advocates and opponents are often 
held, but unless the measure is one in which public interest 
is already excited, the newspapers rarely report the pro¬ 
ceedings. Nominally the powers of the committee are lim¬ 
ited to the consideration of bills submitted to it — that is, it 
has no right to initiate bills of its own; but it may and does 
amend as freely as it chooses the bills submitted, frequently 
transforming them completely. Moreover, if it desires legis¬ 
lation on a subject concerning which no bill has been intro¬ 
duced, it can readily procure the introduction of the necessary 
measure. We have already seen that the committee may 
practically kill a measure by reporting it adversely, by re¬ 
porting it too late in the session, or by not reporting it at 
all; and by the employment of one or the other of these 
methods the vast majority of the bills introduced meet an 
early death. In the long.session of the PAfty-sixth Congress 
there were introduced into both Houses 12,152 bills, of 
which only 1215 were enacted into law; that is, about nine 
tenths of the measures introduced failed to pass. The House 
may, if it suspects a committee of " smothering ” a bill that 


158 


SCHOOL CIVICS 


public sentiment favors, order the committee to report it, or 
it may transfer the bill to another committee; but these re¬ 
straints upon the power of the committee are rarely applied. 

Reporting Bills. Even after the rigid sifting to which the 
measures introduced are subjected by the committees, there 
remain a great number of bills to be reported, and the 
House can afford but a very limited time for hearing and 
discussing the report of each committee. With the excep¬ 
tion of a few privileged committees (such as the one on 
rules, the one on ways and means, and the one on appro¬ 
priations, which may report at any time), each committee 
is allowed on the average about two hours for the whole 
session for making its report. This allows an extremely 
limited time for debate, and the result is that the House is 
practically forced to adopt the recommendations of the com¬ 
mittees in order to accomplish anything at all. The member 
reporting the measure, usually the chairman of the com¬ 
mittee, has the privilege of opening and closing the debate. 
He is allotted an hour in which to explain and defend his 
measure. He seldom, however, uses the whole of his time, 
but "yields the floor" for brief speeches to other members, 
both friends and opponents of the bill, previously agreed 
upon. He thus virtually controls the debate. At the end of 
the allotted period he moves that the report be accepted and 
at the same time "moves the previous question." This cuts off 
further amendment and debate, and the bill is voted upon. 

Logrolling. While it is doubtful whether there is ordi¬ 
narily any great amount of unmitigated bribery practiced in 
securing legislation, the milder form of political "jobbery" 
known as "logrolling" is not infrequently resorted to. This 
device is used both while the bill is still in the hands of 
the committee and after it is reported to the House in case 
there is any danger of its meeting with real opposition on 


LEGISLATIVE DEPARTMENT: ITS WORKING 159 


the floor. It is a bargain struck between members, each of 
whom has "an ax to grind." "You help me with my 
•measure and I ’ll help you with yours ” is the arrangement, 
and thus votes enough are secured in the committee or 
friends enough on the floor of the House to pass a measure 
that would otherwise be rejected. 

Filibustering. In spite of logrolling and similar de¬ 
vices, however, the course of legislation does not always 
run so smoothly as the description given above might lead 
one to suppose. It has happened not infrequently that the 
opponents of a measure, while not numerous enough to 
prevent its passage if it were allowed to come to a vote, 
are still strong enough to obstruct business and prevent its 
being voted upon, with the object of extorting a compro¬ 
mise from the supporters of the measure. This process is 
known as " filibustering." It consists in the making of all 
sorts of motions that can delay the business in hand — 
motions to adjourn, motions to take a recess, and calling 
for the yeas and nays on either of these questions. The 
last is an extremely effective and annoying means of ob¬ 
structing business—first, because it consumes so much time, 
and, second, because it is permitted by a rule that the House 
cannot alter, resting as it does on an express provision of 
the Constitution. 

Methods of Voting. In order to understand these tactics 
clearly, we must know something of the methods of voting 
employed by the House. Ordinarily, in taking the vote on a 
question, the presiding officer simply calls in turn for the 
ayes and the noes, and judges by the volume of sound as 
to whether it has been carried or lost. If, however, a doubt 
exists, a division is taken in one of three ways: either 
(i) those in favor and those opposed rise successively and 
are counted by the Speaker; or ( 2 ) if he is still in doubt 


i6o 


SCHOOL CIVICS 


or if a count is called for by one fifth of those present, the 
Speaker appoints two tellers, who stand in the middle gang¬ 
way and count, as the members pass between them, first 
those who vote in the affirmative and then those who vote 
in the negative; or ( 3 ) if the yeas and nays are demanded 
by one fifth of those present, they are taken as follows: the 
clerk calls the roll of the House, each member who votes 
answering "'aye" or " no” to his name. This usually con¬ 
sumes an hour or more. The roll is then called a second 
time, in order to give those an opportunity to vote who did 
not vote on the first call, or to allow others to change their 
votes. Since the Constitution provides that the yeas and 
nays must be taken on any question — questions of adjourn¬ 
ment as well as questions of substance — at the demand 
of one fifth of those present, it is easy to see how potent a 
means of obstruction this may be made. 

Restraint of Filibustering. Of late the House has adopted 
somewhat stringent rules to prevent filibustering — rules 
as stringent, perhaps, as are at all necessary. It should 
be remembered that it is a method that can be used suc¬ 
cessfully only by a large minority, fertile in expedients, and 
that the minority party will rarely combine for this purpose 
except on important questions. Moreover, if the question is 
one in which public interest has been awakened, the party 
that employs such obstructive tactics renders itself liable to 
popular disapproval — a risk that it is rarely willing to take. 
Since, in extreme cases, the device of filibustering may be 
used as a safeguard against the abuse of the system of 
closing a debate by means of the "previous question,” 
perhaps it would not be wise to prevent its employment 
altogether, even if that were possible. 

Closure of Debate. In a large legislative body, it is neces¬ 
sary to employ means for expediting business. One such 


LEGISLATIVE DEPARTMENT: ITS WORKING i6i 


means is found in the adoption of the recommendations of 
the committees. Another is the system of closure of debate 
just mentioned. Debate is usually closed by moving the 

previous question ” in the form, " Shall the main ques¬ 
tion now be put } If this is ordered (the motion for the 
previous question cannot be debated), the House must at 
once proceed to a vote on the main question. Any mem¬ 
ber may move the " previous question ” without permission 
from the Speaker, and it may be passed by a majority of 
those present. Until March 8 , 1917 , there was no limit upon 
debate in the Senate. To punish '' a little group of willful men ’ ’ 
for defeating the war policy of President Wilson by an abuse 
of the privilege of unlimited debate in the closing hours of the 
Sixty-fourth Congress, the Senate passed a resolution limiting 
debate whenever two thirds of its members so directed. 

Advantages and Disadvantages of the Committee System. 
In the foregoing discussion of the committee system it 
was suggested that it possesses both advantages and dis¬ 
advantages. These may now be pointed out more definitely. 
Its chief advantages are 

1. It kills off worthless bills at an early stage of their exist¬ 
ence, thus preventing waste of time on the part of the House. 

2 . Through it the House can accomplish vastly more 
legislation than would otherwise be possible, though it runs 
the risk of accepting the bad work of its committees as 
well as the good. 

3 . It promotes specialization in legislative work. Under 
it each leader in the House may be assigned the work for 
which he is specially fitted, and every subject of legislation 
may be put into the hands of those members who know 
most about it. 

4 . It makes it possible for Congress to subject the ad¬ 
ministrative departments to investigation at any time. The 


i 62 


SCHOOL CIVICS 


committee cannot punish the departments for maladminis¬ 
tration, but it can make public the condition of affairs and 
subject them to public censure. 

5 . It makes possible cooperation between the executive 
and legislative departments. Cabinet members cannot urge 
their measures on the floor of the House, but they may 
do so before the committees. 

On the other hand, the following disadvantages of the 
system have been cited: (i) it breaks up the unity of the 
House; ( 2 ) it cramps debate; ( 3 ) it lessens the harmony 
of legislation ; ( 4 ) it facilitates corruption; ( 5 ) it reduces 
responsibility ; ( 6 ) it dissipates the ability of the House 
into independent groups; and ( 7 ) it lowers the interest of 
the nation in the proceedings of Congress.^ How the evils 
of our committee system are to be remedied and its ad¬ 
vantages retained is one of the problems of practical politics 
for American citizens. 

The Speaker. One more striking feature of our legislative 
system is the power over legislation intrusted to the Speaker 
of the House of Representatives. One writer calls him "the 
second, if not the first, political figure in the United States,” 
while another says of him that he is "the most interesting 
and important legislative officer in the American Common¬ 
wealth, if not in the world.” We borrowed our Speaker 
from the English House of Commons, but we have radically 
changed his character. The English Speaker, no matter 
what his political affiliations or his standing in his party be¬ 
fore election, must, immediately on election, forget his party 
and become simply a fair and judicial presiding officer. The 
American Speaker, on the other hand, is, and is expected 
to remain, a party leader, using his office for party purposes. 
This does not mean that he is privileged to use unfair 

1 Woodburn, The American Republic and its Government, pp. 284 seq. 


LEGISLATIVE DEPARTMENT: ITS WORKING 163 


means for furthering party projects, or that he may wrest 
the rules of the House from their obvious meaning in order 
to secure a party advantage; but he may make the fullest 
possible use, for furthering the interests of his party, of any 
means that his office legitimately places in his hands. 

The Speaker: Sources of his Power. Formerly the 
Speaker’s power over legislation was derived in three ways: 
(i) through his power of appointing committees; ( 2 ) through 
his power of granting or withholding recognition to a 
member desiring to address the House; ( 3 ) through his 
position as chairman of the committee on rules. In recent 
years, however, the Speaker has been shorn of much of 
his former power. This has been accomplished by the 
House electing its own committees instead of having them 
appointed by the Speaker. Now both the minority and 
the majority members of the various committees are nom¬ 
inated by their respective parties in the House and are 
elected by vote of all members of the House. Furthermore, 
the Speaker is no longer a member of the rules committee. 
There are others who would further limit the power of the 
Speaker by making him merely a presiding officer either 
chosen by the House outside of its membership or directly 
by the people at presidential elections. The president of the 
Senate is not a member of the Senate and is chosen by the 
people. This fact furnishes the basis for the suggestion 
above outlined relating to the Speaker of the House. 

Recognition. Through the Speaker’s power of recognition 
he exercises almost as much influence over the course of 
legislation as through his former power of appointing the 
committees. Originally the rule was that the Speaker should 
recognize the member who first asked for recognition. In 
present practice there are few limitations on his power to 
recognize whom he pleases. Ordinarily it is customary for 


SCHOOL CIVICS 


164 

him to recognize the chairman of the committee, that is, to 
recognize a committee in the person of its chairman, in 
preference to an individual member. Similarly, while a bill 
is passing through its various stages, preference is given to 
the member who has it in charge. Custom has placed upon 
him a few other restrictions also, but in emergencies he 
may use his power of recognition in such a way as to give 
him absolute control of legislation. He may prevent a meas¬ 
ure to which he objects from being voted upon at all by re¬ 
fusing recognition to any member who wishes to bring it to 
a vote. The only real limitation upon his absolute power in 
the matter of recognition is the possibility of calling down 
upon himself the disapproval of his own party members. 

Committee on Rules. The Committee on Rules consists 
of only eleven members, seven from the majority party and 
four from the minority, but this committee has in recent 
years become by far the most powerful one in the House. 
Its seven majority members are the ablest and most experi¬ 
enced members of their party — the party leaders. Under 
existing rules this small committee has absolute power to 
decide what business shall come before the House. This it 
does by means of its exclusive power of initiating the special 
order (an order of the House naming a special time for the 
consideration of a measure). The power of the committee 
has of course been given to it by vote of the majority in 
the House, and could be taken away from it in the same 
manner. That it is permitted to retain it is due to the fact 
that some such directing committee is necessary to enable 
a body so large to accomplish its work. This committee is 
now chosen by the House in the same manner as are the 
other standing committees. 

The Party Caucus. One other agency employed by Con¬ 
gress to facilitate the work of legislation should be noticed. 


LEGISLATIVE DEPARTMENT: ITS WORKING 165 

This is the organization of parties in Congress. If we are 
to have efficient and successful party government, it is clear 
that some sort of organization is necessary. The party must 
devise some means of informing its members of its wishes 
in regard to the measures to be voted on, some means of 
securing from its members united action on important ques¬ 
tions, some means of noting changes of opinion among its 
members. This work is accomplished by means of the party 
caucus. At the beginning of every Congress, caucus com¬ 
mittees are chosen, whose business it is to call the caucus 
meetings and to act as general party managers in the legis¬ 
lature. In matters of minor importance, party members are 
allowed a good deal of freedom ; but if a measure is deemed 
important enough to require concerted party action, it is 
made a ” caucus measure.” A meeting of all the party 
members i-s called and all the force of party influence is 
exerted to secure a unanimous party vote. The member 
who ” goes into caucus ” on a measure is considered in 
honor bound to vote upon it in the House in accordance 
with the wishes of his party, and ''bolting” is very rare. 

The Necessity for Expediting Business. We have seen 
something of the way in which the House works and of 
the variety of agencies it employs for expediting business. 
The necessity for the employment of such agencies becomes 
obvious when we consider how very large is the number of 
bills introduced every year. In the Thirty-seventh Congress 
(1861-1863) 1026 bills were introduced. In the Fifty-seventh 
Congress there were 22,000. The proportion of those that 
pass is of course very small. The vast majority never reach 
a third reading. Many bills are introduced in the expecta¬ 
tion that they will be '' buried ” in committee or on the 
calendar. They are introduced to satisfy a constituency, to 
gratify some private or local interest, and the House 


SCHOOL CIVICS 


166 

understands well enough what their fate is to be. Most of the 
bills introduced are private bills, local or personal in char¬ 
acter^ bills for satisfying claims against the government, 
granting pensions, etc. 

Contrast between the Houses. More than one writer has 
described the impression made upon him on seeing Con¬ 
gress at work, and all have noted the contrast between the 
two Houses. About the Senate there is an air of gravity 
and dignity. It has been described as making somewhat 
the impression of a diplomatic congress. At the same 
time it is " modern, severe, practical.” " The faces are 
keen and forcible as of men who have learned to know the 
world and have had much to do with it.” The House, 
on the other hand, makes a general impression of disorder, 
due formerly to ” the raising and dropping of desk lids, 
the scratching of pens, the clapping of hands to call the 
pages, . . . the pattering of many feet, the hum of talking 
on the floor and in the galleries,” but due in part also to 
an "absence of dignity both in its proceedings and in the 
bearing and aspect of individual members.” Yet it may 
be questioned whether the House is not, after all, in some 
respects the more impressive body of the two. Mr. Bryce 
says of it: 

"This huge gray hall, filled with perpetual clamor, this 
multitude of keen and eager faces, this ceaseless coming 
and going of many feet, this irreverent public, watching 
from the galleries and forcing its way onto the floor, all 
speak to the beholder’s mind of the mighty democracy, 
destined in another century to form one half of civilized 
mankind, whose affairs are here debated. If the men are 
not great, the interests and the issues are vast and fateful. 
Here, as so often in America, one thinks rather of the future 
than of the present. Of what tremendous struggles may not 


LEGISLATIVE DEPARTMENT: ITS WORKING 167 

this hall become the theater in ages yet far distant, when 
the parliaments of Europe have shrunk to insignificance ? ” 
Desirability of a Career in Congress. It would seem as 
if a career in Congress, the supreme legislative body of one 
of the greatest nations in the world, ought to offer attrac¬ 
tions at least equal to those of the professions and the 
higher spheres of commercial and industrial life. As a 
matter of fact, however, political life attracts comparatively 
few of the most highly gifted and ambitious. Not only is 
the congressman’s tenure of his position very precarious, 
but the position itself offers little opportunity for distinction. 
The real work of legislation is done in the committee, and 
the world sees and knows nothing of it. Real merit and 
ability will gain recognition in Congress as everywhere else, 
provided its possessor is permitted to remain there long 
enough to make his influence felt; but comparatively few 
are so permitted. This is particularly true of the House. 
By the time a new member has thoroughly mastered the 
procedure of the House, his term is at an end and he has 
had no opportunity to distinguish himself. If he is returned 
for more than a second term, he is one of a fortunate few. 
The position of senator is naturally more desirable than 
that of representative. He has more power, more dignity, 
a more permanent and more independent position. In 
some respects, indeed, the position of senator is the most 
desirable in the political world. It is more permanent than 
that of president or cabinet officer, it requires less labor, 
it involves less vexation by office seekers; but it is open 
to only a few. Problems national and international in char¬ 
acter; problems of finance growing out of the raising and 
expenditure of hundreds of millions of dollars annually; 
problems dealing with the liberty, property, and safety 
of more than a hundred million people, the development 


68 


SCHOOL CIVICS 


and conservation of our resources, our rapidly changing 
position in the family of nations; in short, problems deal¬ 
ing with the advancement of civilization itself — all these 
afford opportunities for, and demand, the ablest. What, 
then, are the conditions which bar our ablest men from the 
public service ? 

Library References. Macy, chap, xxxiv; Macy, First Lessons, chap, 
xvii; Dawes, chaps, iv-v; Bryce, Vol. I, chaps, xii-xv, xix ; Hinsdale, 
chap, xxiv ; Wilson, §§ 1061-1062, 1071-1077, 1080-1081 ; Congres¬ 
sional Directory ; Wilson, Congressional Government, chap, ii, pp. 168- 
169, 193-219, chap, vi; Harrison, chap, iii; Alton, chaps, v-vi, viii, xi, 
xv-xvi, xx-xxiii, xxv-xxviii, xxx-xxxii; Lalor, article on " Parliamentary 
Law”; Woodburn, pp. 223-226, 230-231,257-301; Fiske, pp. 228-230. 

QUESTIONS ON THE TEXT 

1 . What is the difference between a bill and a law ? Where 
may they originate under the national government ? 

2 . State the provision of the Constitution regarding bills vetoed 
by the president. Give a reason for this provision. 

3 . Give the different steps by which a bill becomes a law. 

4 . What are legislative committees ? What are their relations 
to legislation ? 

5 . State the advantages and the disadvantages of the " com¬ 
mittee system of legislation.” Define '' committee of the whole.” 

6 . If a committee attempts to smother a bill, how may Congress 
regain possession of it ? How is a vote on a bill taken ? 

7 . Explain the meaning and use of the following terms as 
applied to legislation : ” caucus,” ” logrolling,” ” jobbery,” ” bolt¬ 
ing,” ” special order,” ” counting a quorum,” '' filibustering.” 

8 . Define the ” cabinet, or ministerial, system ” of government; 
the ” congressional, or committee, system.” 

9 . In how many ways may a committee kill a measure 
referred to it ? How may a committee shape legislation ? 


CHAPTER XI 


EXECUTIVE DEPARTMENT: PRESIDENT AND 
VICE PRESIDENT 

Executive Department. We come now to the considera¬ 
tion of another of the three great departments essential 
to every complete government — the executive. We have 
seen how the Constitution provided for the creation and 
organization of a Idcw-making department and endowed it 
with powers, and we have learned something of the way in 
which this branch of government has developed in actual 
practice and of the means by which it performs its func¬ 
tions. It is now our task to ask the same questions in re¬ 
gard to the -enforcing department: How was it created } 
How is it organized } What may it do } How does it do it } 
The Convention and the Presidency. The makers of our 
Constitution believed firmly in the separation and coordina¬ 
tion of the three branches of government. To a greater 
or less extent this separation existed in the governments 
of the various states, and their undoubted superiority to the 
government of the Confederation, in which such executive 
functions as existed were united with the legislative, was 
attributed to this fact of separation. The desire to establish 
a similar separation of powers in the national government, 
with only so much interaction as was absolutely necessary 
in order to prevent the usurpation of power by any one of 
the three branches, is seen very clearly in the organization 
of all of them. It is seen particularly in the creation of 
what had not before existed, namely, the office of president 

169 


SCHOOL CIVICS 


170 

of the United States. The Congress of the Confederation 
had had a presiding officer whom they called a president, 
but aside from the duty of presiding at the meetings of 
Congress his function differed not at all from those of his 
colleagues. He was in no sense the executive head of a 
government. 

A Difficult Question. The problems with which the Con¬ 
vention struggled in creating and organizing a separate 
executive department seem to have been in some respects 
the most troublesome with which they had to deal. Almost 
every question that arose in connection with the matter 
called forth serious debate. Whether there should be a 
single executive or an executive body, or council; what 
should be the length of the term; whether or not the exec¬ 
utive should be reHigible; what should be the manner of 
choice — on all these points widely different opinions were 
entertained in the Convention. One of them, the question 
as to the method of choice, is said to have occupied a 
seventh of the whole time of the Convention. 

Plan Adopted. We are now so accustomed in all our 
governments — national, state, and local — to the practice 
of vesting executive authority in a single person, that the 
idea of a plural executive seems strange to us; yet in the 
Convention the plan of having a plural executive was warmly 
advocated. To many of the men of that period the idea of 
a single executive savored of monarchy, and monarchy they 
could not abide. It was argued in the Convention that 
the people would never ratify a Constitution that provided 
for a single executive. On the other hand, the failure of 
the confederacy had convinced many that what the country 
needed above all things was a strong executive, capable of 
acting vigorously and promptly; and this, it was argued, 
could never be secured through a council, or assembly. 



lyi 



















1/2 


SCHOOL CIVICS 


This view finally prevailed, and a single executive was 
agreed to, but the Convention took good care to safeguard 
the liberties of the people in a variety of ways. They devised 
a mode of election that was intended to make him inde¬ 
pendent of the national legislature and free to devote him¬ 
self solely to the interests of the whole people ; they made 
him subject to impeachment and removal in case he be¬ 
trayed the trust reposed in him; they limited his term of 
office; they gave the Senate a share with him in certain 
very important executive functions; and they gave the con¬ 
trol of the public purse into the hands of Congress. It 
would seem sufficiently obvious that such limitations as 
these are hardly compatible with monarchical power such as 
the men of that time stood in dread of; yet it was deemed 
wise to attempt to prove, in "The Federalist," that no very 
close analogy existed between the king and the president 
of the United States. 

Qualifications for the Presidency. The Constitution re¬ 
quires that the candidate for the presidency shall be a 
natural-born citizen or a citizen at the time of the adoption 
of the Constitution ; that he shall be at least thirty-five 
years of age; and that he shall have been for fourteen years 
a resident within the United States. The clause making eli¬ 
gible those who were citizens at the time of the adoption of 
the Constitution, even though foreign born, has of course 
become inoperative. It was inserted in order not to bar out 
such men as Hamilton and Wilson, who, though not born 
within the United States, were among the ablest, most de¬ 
voted, and most patriotic citizens of the young republic. The 
phrase " natural-born citizens " has been interpreted to mean 
"born within the jurisdiction of the United States." Thus 
children born to American citizens on American vessels 
in foreign ports, or to our ambassadors, consuls, or other 


PRESIDENT AND VICE PRESIDENT 


73 


representatives in foreign countries, or to American citizens 
traveling or temporarily sojourning abroad, do not become 
ineligible to this office. On the other hand, children born 
in this country to foreign representatives are not eligible. 

Term and Reeligibility. Widely varying opinions were 
held in the Convention as to what should be the length of 
the president’s term of office, and the question was closely 
bound up with that of his reeligibility and the manner of 
election. Four years was the term fixed by the Constitution, 
and the president was made reeligible. Some suggested 
three years and many favored a longer term — five, six, 
seven, and ten years being among the suggestions. Hamil¬ 
ton, in his desire to create a strong executive, favored a 
life term subject only to removal by impeachment. In gen¬ 
eral those who favored a long term were also in favor of 
making the president ineligible for reelection. Likewise, 
those who favored his election by Congress (for that was 
one of the modes of election proposed) thought that he 
ought not to be made reeligible, since that would increase 
the likelihood of his intriguing with Congress for reelection. 
While the Constitution places no limit on the reelection of 
the president, the custom of reelecting but once has become 
so firmly fixed that it would be very difficult to change it. 
Many now question the wisdom of allowing even a second 
term. They argue that under the present arrangement the 
president is likely to be more concerned about being presi¬ 
dent for two terms than about being a good president for 
one, and that he will in consequence strive to please the 
party managers and only secondarily to serve the people. 

Salary. While the Constitution provides that the presi¬ 
dent shall receive compensation for his services, it makes 
no attempt to determine the amount of his salary. It only 
provides that it " shall neither be increased nor diminished 


174 


SCHOOL CIVICS 


during the period for which he shall have been elected/’ 
and that he shall not receive within that period any other 
emolument from the United States or any of them.” Con¬ 
gress first fixed the salary of the president at ^25,000. In 
1873 this was increased to ^50,000, and in 1909 to $75>000, 
with an allowance of ^25,000 per year for traveling expenses. 
In addition to his salary the president is given the use of 
the national "'executive mansion,” the "White House.” 

It may be noted in passing that the cost of maintaining 
the executive branch of our government (including the sala¬ 
ries of the president, the vice president, and the secretary 
to the president, together with the expenditures for the 
care of the executive mansion and a few other items) 
is extremely small compared with similar expenditures by 
foreign governments. ^ 

Election: Methods Proposed in the Convention. These 
questions of the qualifications, term, salary, etc. of the chief 
executive were the easiest ones with which the Convention 
had to deal in organizing the executive department. They 
met the most difficult one when they attempted to devise 
a method of election. When their work was finished, there 
was no other part of the Constitution that they regarded 
with so much satisfaction as the plan agreed upon; yet no 
other part has failed so completely to fulfill the expectations 
entertained of it. In the Convention almost every possible 
method of choice was proposed. Some proposed that the 
president be elected by Congress ; others, by the executives 
of the states; others, by the state legislatures; others, by 
electors chosen by the state legislatures or by the people. 
Mr. Wilson of Pennsylvania proposed direct electio7i by the 

^ The king of Italy has a salary of approximately $2,922,000; the king of 
England, $2,790,000; the king of Spain, $1,363,600; the president of France, 
$120,000. All have liberal allowances for family and other expenses. 


PRESIDENT AND VICE PRESIDENT 


175 


people, apologizing at the same time for his suggestion, 
because he felt that it would appear chimerical to the Con¬ 
vention. If there existed in the Convention a deep-seated 
fear of monarchy, there was an almost equal distrust of 
pure democracy. It was not believed that the people would 
possess the information or the discernment necessary to 
enable them to choose the best man for the place; it was 
thought that they would be too much at the mercy of 
demagogues, and that, moreover, to leave the decision of so 
important a matter in their hands might result in tumult 
and disorder. On the other hand, if the choice were left 
to Congress or any other preexisting body that could be 
tampered with beforehand, there would be danger of in¬ 
trigue and corruption. The Convention deemed it desirable 
that the people should have some voice in the matter, but 
they thought it wise to place the immediate election in the 
hands of a specially chosen electoral college, which, after 
due deliberation, should choose as wisely as possible. Hence 
the double rhode of election. 

Method Chosen. As originally wrought out in the Consti¬ 
tution, this method was as follows : Each state was to select, 
in whatever manner the state legislature might direct, a num¬ 
ber of electors equal to the number of its senators and repre¬ 
sentatives in Congress, but no United States officer was to 
be eligible to an electorship. The electors were then to meet 
in their respective states, on a day fixed by law, and vote for 
two persons, one of whom was to be an inhabitant of some 
other state than their own. They were then to send, sealed, 
to the capital a certified list of the persons voted for, with 
the number of votes received by each, and these lists were 
to be opened there by the president of the Senate, in the 
presence of both Houses, and counted. The person receiv¬ 
ing the highest number of votes, provided that number were 


1/6 


SCHOOL CIVICS 


a majority of the whole number of electors, was to be presi¬ 
dent, and the person having the next highest number was 
to be vice president. If two candidates had an equal num¬ 
ber and that number a majority, or if no candidate had a 
majority, the House of Representatives was to choose the 
president, in the first case from the two that were ''tied,” 
in the last case from the five highest on the list. The House 
was to vote by states, the whole representation from each 
state voting as one, two thirds of all the states constituting 
a quorum, and a majority of all the states being necessary 
for election. In case of a tie for vice president the Senate 
was to elect that official. 

A Defect Discovered. It will be noticed that according to 
this provision the electors might vote for two persons with¬ 
out designating which one they desired for president and 
which for vice president. The one receiving the greatest 
number of votes in excess of a majority was to be presi¬ 
dent, and the person receiving the next highest number, 
whether it was a majority or not, was to be vice president. 
The result was that, in the election of 1800, Jefferson, 
whom the electors desired for president, received the same 
number of votes as Burr, whom they had meant to elect 
vice president. This gave the power of election to the 
House, and Jefferson was elected, though not without diffi¬ 
culty. This incident led to the adoption of the Twelfth 
Amendment, which provides the present mode of election. 

The Twelfth Amendment. By this amendment it is pro¬ 
vided that the president and the vice president shall be 
voted for separately, and that distinct lists of those voted for 
shall be sent to the capital. The votes are to be opened 
and counted as provided before, and in case no candidate 
has a majority, the House is to elect as before, except that 
it is to choose from the three instead of the five highest. 


PRESIDENT AND VICE PRESIDENT 177 

If, when the choice devolves upon the House, that body fails 
to elect a president before the fourth of March, the newly 
elected vice president shall act as president. If the electors 
fail to elect a vice president, that duty devolves upon the 
Senate, which makes its choice from the two highest on 
the list voted on for vice president. In case neither president 
nor vice president is chosen before the fourth of March, the 
Constitution makes no provision for the succession. 

Another Defect. In the election of 1876 another defect 
became apparent. In that election there were 369 electoral 
votes to be cast, 185 being necessary to a choice. Of these 
Mr. Tilden, the Democratic candidate, had unquestionably 
received 184; while Mr. Hayes had received 164 undisputed 
votes. In four states, however (South Carolina, Florida, 
Louisiana, and Oregon), with 21 electoral votes, both parties 
claimed the election. In all of these states both sets of 
electors had met, voted, and sent up certified returns. The 
question now arose. Who shall decide which return is to be 
accepted.? All that the Constitution says in regard to the 
matter is that "the president of the Senate shall, in the 
presence of the Senate and House of Representatives, open 
all the certificates and the votes shall then be counted!' 
The Republicans insisted that the vice president, a Repub¬ 
lican, should decide, since he was president of the Senate. 
The Democrats maintained that since the count was to be 
made in the presence of Congress, the reasonable inference 
was that that body was to decide upon the validity of it. In 
this case, however, the Senate was Republican and the 
House Democratic, so that the only result of leaving the 
decision to Congress would be a deadlock. The difficulty 
was temporarily solved by the creation by Congress of an 
electoral commission consisting of five senators, five repre¬ 
sentatives, and five justices of the Supreme Court, The vote 


78 


SCHOOL CIVICS 


in the commission, which was made up of eight Republicans 
and seven Democrats, was given on strictly party lines, and 
the Republican candidate was elected. In 1887 an act was 
passed by Congress requiring the choice of electors to be 
settled by the laws of the state at least six days before the 
meeting of the electors. In case such settlement is not 
effected, the dispute is referred to Congress, and if Con¬ 
gress fails to decide, the electoral vote of the state is lost. 

Time and Method of Choosing Electors. The Constitution 
gives to Congress the right to determine the time for choos¬ 
ing the electors in the various states, as well as the right to 
fix the day on which the electors shall cast their votes. The 
only restriction is that the day fixed for the final vote shall 
be the same throughout the United States. The time of 
choosing electors and the time when they shall meet and 
vote for president and vice president has been changed 
by Congress at different times. These changes have been 
made with a view to making it easier to settle disputed 
elections. The law now is that electors shall be chosen 
on the first Tuesday after the first Monday in November, 
and shall meet and vote for president and vice president on 
the second Monday in the following January. The method 
of choosing the electors was left by the Constitution to the 
decision of the state legislatures; consequently it would be 
possible for them to be chosen in a great variety of ways. 
As a matter of fact, the method is now uniform. Electors 
are chosen in every state on a common ticket by direct pop¬ 
ular vote. At one time the district plan of election was used 
in some of the states, but this had long been abandoned 
when, in 1891, it was revived in Michigan by an act of 
the legislature. The law was contested in the courts, but it 
was declared constitutional by the Supreme Court. It was, 
however, repealed in 1893. 


PRESIDENT AND VICE PRESIDENT 


179 


Failure of the Electoral College. Such, then, is the 
method of the presidential election as provided by the Con¬ 
stitution and by statute. How does it work in practice ? We 
have seen that in providing the method of double election, 
the framers of the Constitution were influenced by the belief 
that it would secure the choice of men especially fitted for 
the electorship, who would then, unfettered by outside influ¬ 
ence, make the choice that seemed to them the wisest. 
Naturally they could not foresee the growth of our party 
system of government, which was to render their carefully 
elaborated scheme a failure and make of the electoral col¬ 
lege a mere machine for registering the choice of the people; 
for this is what it has become. Every elector has an un¬ 
questionable legal right to vote for whom he pleases, but 
he is bound by a pledge of honor, by a custom as strong 
as any law, to vote for the candidate of his party. So com¬ 
pletely has the elector become a mere party agent, whose 
sole business it is to ratify the choice already made, that in 
general nobody knows and nobody cares what his personal 
qualifications may be.^ The voter, when he casts his ballot, 
is in reality voting directly for the presidential candidate 
whose name is placed at the top of the ticket, and only 
incidentally does he vote for the electors. Thus we have, 
in a large measure, direct election of the president, which 
Mr. Wilson proposed in the Convention. But this failure 
of the electoral college to retain its power of independent 
choice is probably not much to be regretted. With the de¬ 
velopment of the party system the college would have been 
almost certain to come directly under the control of the party 

1 Divided state delegations are, to be sure, by no means unknown. 
Occasionally this is due to the rejection of a candidate on personal 
grounds ; more frequently, to other reasons. See Woodburn, The American 
Republic and its Government, p. 127, note. 


8o 


SCHOOL CIVICS 


organizations, and it is better that it should vote at the bid¬ 
ding of the people than at that of the party managers, even 
though the party managers may control the popular vote. 

A More Serious Defect. Some of the other consequences 
resulting from the employment of this method of election 
under the system of party government are more serious. 
The present system of choosing the electors by general 
ticket over the whole state makes the election virtually an 
election by states. The state "goes Republican" or it "goes 
Democratic " ; that is, it elects, with rare exceptions, its full 
complement of electors from a single party, and casts the 
whole number of its electoral votes for the candidate of that 
party. Now it may happen that in one state the plurality 
of the winning party is very large and more than overcomes 
the small adverse pluralities in a dozen states, while the 
electoral vote of the dozen states is greater than that in 
the one state giving a larger plurality. For example, in 
the presidential election of 1900, Idaho, with three electoral 
votes, gave Mr. Bryan a plurality of 2448 votes ; Kentucky, 
with thirteen votes, gave him a plurality of 7975 ; Nevada, 
with three electoral votes, gave him 2516, or a total plural¬ 
ity, in the three states named, of 12,939; Michigan, with 
fourteen electoral votes, gave Mr. McKinley a plurality 
of 104,584. Thus Mr. McKinley, with 91,645 more votes 
than his opponent received, would have been defeated in 
the electoral college by a vote of 19 to 14 if the decision 
had been left to the four states above named. Thus it will 
be seen that the electoral college may yet be the means of 
defeating the clearly expressed wishes of the people. This 
actually happened in 1888, when Mr. Cleveland received a 
plurality over Mr. Harrison of 95,534. This verdict of the 
individual voters was reversed by the electoral college, which 
gave Mr. Harrison 233 electoral votes as against 168 for 


PRESIDENT AND VICE PRESIDENT l8l 

Mr. Cleveland. Moreover, under the present plan the strug¬ 
gle is concentrated in a few doubtful states. To win or lose 
them means to win or lose the election, and this naturally 
increases the temptation to political corruption in those states. 

Presidential Primaries. In some states presidential pri¬ 
maries are held. At these primaries voters are permitted 
to express by ballot their preference for president and vice 
president. In this way the wishes of the people are de¬ 
termined. While these results are merely suggestive, it is 
more than likely that delegates to national conventions will 
be chosen in harmony with the wishes of the voters as ex¬ 
pressed in such primaries. The present tendency is toward 
direct nomination, by the individual voter, of candidates for 
the presidency. Direct nomination and direct election of 
the president by the individual voter without reference to 
state lines, and the abolition of the electoral college, are 
present-day tendencies. 

Presidential Succession. The president is removable 
only on impeachment. Only one president, Andrew John¬ 
son, has been impeached, and he was acquitted. A vacancy 
in the presidential office may, however, occur in a variety 
of other ways : by the death or resignation of the incum¬ 
bent ; by his inability, from whatever cause, to discharge 
the duties and powers of the office; by the refusal of the 
newly elected president to accept the office, though this is 
not likely to occur. In case a vacancy does occur in any 
of these ways, the vice president succeeds. Further than 
this the Constitution makes no provision for the presidential 
succession, but the deficiency has been supplied by statute. 
By the Presidential Succession Bill of 1886 it is provided 
that in case of the inability of both president and vice pres¬ 
ident to perform the duties of the office, the cabinet officers 
shall succeed in the following order: (i) Secretary of State, 


182 


SCHOOL CIVICS 


(2) Secretary of the Treasury, (3) Secretary of War, (4) 
Attorney-General, (5) Postmaster-General, (6) Secretary of 
the Navy, (7) Secretary of the Interior. 

The President's Powers. Just as we saw that to the 
national legislature are intrusted executive and judicial as 
well as legislative functions, so also we shall find that to 
an even greater extent the executive exercises legislative 
and judicial functions. His executive functions are 

1. To be commander in chief of the army and navy of 
the United States, and of the militia of the several states 
when called into the service of the United States; 

2. To make treaties, with the concurrence of two thirds 
of the Senate; 

3. To nominate and, with the consent of the Senate, 
appoint ambassadors, other public ministers and consuls, 
judges of the Supreme Court, and all other officers not 
otherwise provided for by the Constitution or by statute ; 

4. To receive ambassadors and other public ministers; 

5. To commission all officers of the United States; 

6. To take care that the laws be faithfully executed. 

His legislative powers are 

1. To sign or veto measures passed by Congress; 

2. To inform Congress of the state of the Union and 
to recommend measures for its consideration; 

3. To call special sessions of Congress; 

4. To adjourn Congress when the Houses cannot agree 
upon the time of adjournment. 

His judicial function is to grant reprieves and pardons 
and to commute sentences for offenses committed against 
the United States, except in cases of impeachment. 

Classification not Absolute. This classification must not 
be taken too absolutely, for a moment’s consideration will 
show that some of these powers really fall into two classes. 


PRESIDENT AND VICE PRESIDENT 


183 


In making treaties, for instance, the president exercises not 
only executive functions but legislative as well, since treaties 
are a part of the supreme law of the land. The appointment 
of judicial officers, also, while it is strictly an administrative 
act, has a distinctly judicial bearing. 

Presidents Legislative Powers. Some of the presidential 
powers require further discussion. The president’s legisla¬ 
tive powers are very important. In the power to call ex¬ 
traordinary sessions of Congress and to communicate his 
message he has a real power to initiate legislation. There 
is no legal bar to his constructing and presenting regular 
bills to Congress, only the custom has never happened to 
grow up.i Instead, the heads of the administrative depart¬ 
ments make written reports and public recommendations, 
have private conferences with the congressional committees, 
and use their personal influence with party leaders in the 
House to secure the necessary legislation. While the presi¬ 
dent’s annual message may exercise considerable influence 
on legislation, it does not necessarily do so, particularly if 
the majority in Congress is not of the president’s party. 
There have been two plans of presenting the president’s 
message. Washington and Adams appeared in Congress 
in person and addressed the two Houses assembled in 
joint session. Jefferson inaugurated the custom of sending 
the president’s message to be read in each House by the 
secretary or clerk, and this remained the custom for more 
than a century. President Wilson returned to the plan 
adopted by Washington and personally appeared before 
Congress in joint session and delivered his message. 

The Veto. The president, however, exercises his most 
effective power over legislation in a negative way by means 
of the veto. We have referred before to the president’s 

^ See Woodburn, The American Republic and its Government, pp. 144-145. 


SCHOOL CIVICS 


184 

veto power (p. 152), but we have not studied fully the 
method of its working. When a bill that has passed the 
legislature comes to the executive mansion, it is usually 
sent to the head of the department concerned, or, if there 
is a question of its constitutionality, to the Attorney-General. 
The president then takes it up with the report of the 
department, and either signs it or vetoes it in the manner 
prescribed by the Constitution. In case Congress adjourns 
within ten days (Sundays excepted) after sending a bill to 
the president, he may simply disregard it altogether, neither 
signing nor returning it. This so-called " pocket veto,” 
unlike the regular veto, is an absolute one and may be 
employed very effectively to prevent Congress from over¬ 
whelming the president with a host of bills at the end of 
a session. It is just this hasty legislation crowded into 
the last few days of a session that needs the most careful 
scrutiny, and it is well that the president should be given some 
such power over it as that provided by the pocket veto. 

Restrictions on the Veto. The president’s regular veto is, 
of course, a restricted one. First, it may be overridden by 
a two-thirds vote of each House, that is, by two thirds of 
those present and voting, an expedient resorted to by Con¬ 
gress with sufficient frequency to be an effectual check upon 
the veto power. Second, the president must approve or dis¬ 
approve the bill as a whole. He cannot veto one item or 
proposition and assent to the rest. It is this necessity that 
gave rise to the custom of attaching " riders ” to important 
bills. The ” rider ” has been defined as "an unrelated piece 
of legislation attached to another legislative measure with 
the purpose of having it ride through on the merits of the 
measure to which it is attached.” They are usually attached 
to appropriation bills, and virtually say to the president: 

Sign this measure or find your own means for running 


PRESIDENT AND VICE PRESIDENT 


185 


the government.” The practice of attaching riders to im¬ 
portant bills became common, and it gave rise to serious 
abuse, but public opinion has condemned it. 

Working of the Veto. The veto power is an extremely 
important one and has worked remarkably well. It may 
prevent inexpedient and unwise legislation, and it must act 
in any case as an appeal to the sober second thought of 
Congress and the nation. It was never intended to be a 
positive check upon legislation, nor does it in general act 
as one, but it does check overhasty legislation. It was origi¬ 
nally given to the executive as a means of preventing the 
legislative department from encroaching on his own powers 
or those of the judiciary, but it has come to be used on 
the much wider ground of general expediency also, and 
of this public opinion approves. Most of the presidents 
have made a very sparing use of the power, and where 
they have employed it freely their course has in general 
been approved both by the nation at large and by Congress 
when it came to reconsider its action. 

Calling Extra Sessions. The power of calling an extra 
session of Congress or of either House is granted to the 
president in order to enable him to meet an unforeseen 
emergency. The emergency might be the immediate consid¬ 
eration of a treaty, the probability of war, the necessity of 
preserving the credit of the country or providing funds to 
conduct the government. The power of convening Congress 
in extra session has been rarely exercised. A special session 
of the House alone has never been called. Special sessions 
of the Senate are more common, and it has become cus¬ 
tomary for the outgoing president to call such a session 
to act upon the nominations for cabinet and other officers 
which the new president will make immediately after his 
inauguration. 


SCHOOL CIVICS 


186 

Treaty-making Power. Another very important presi¬ 
dential power that is perhaps more legislative than ex¬ 
ecutive is the treaty-making power. This power can be 
exercised only with the concurrence of two thirds of the 
senators present. There is also, of course, the implied re¬ 
striction that the treaty shall be in all respects constitu¬ 
tional. The usual steps in the negotiation of a treaty are 
as follows: If friendly relations exist between the two 
nations concerned, the negotiations are conducted at the 
capital of the one from which the suggestion first came. 
If this is in Washington the Secretary of State acts for 
the United States, and the minister of the foreign country 
concerned acts for his government. If the treaty is nego¬ 
tiated in some other country, the United States minister to 
that country or some other person or persons appointed 
by the president act for this government. In either case 
the president directs the general course of the negotiations. 
A peace treaty closing a war is generally negotiated in 
some neutral capital by special commissioners from the two 
or more nations concerned. After a treaty has been framed, 
it is sent to the Senate, where it is discussed in executive 
session. The Senate may approve it as it stands, may reject 
it, or may amend it. If amendments are made, they must 
be accepted by the president and by the other government 
interested. When the treaty has been finally approved on both 
sides, duplicate copies are made, signed by the chief officers 
of both governments, and then exchanged. This is called 
the " exchange of ratifications.” The president then pub¬ 
lishes the treaty, proclaiming it at the same time as a part 
of the law of the land. 

The Appointing Power. The power to make appoint¬ 
ments, conferred upon the president by the Constitution, 
gives him his greatest political influence. The necessity 


PRESIDENT AND VICE PRESIDENT 


187 


of giving him large appointing powers grows naturally 
out of the duty laid upon him to "take care that the laws 
be faithfully executed." It will be seen, however, that the 
Constitution gives Congress authority to reduce very con¬ 
siderably the president’s power over appointments. " The 
Congress may by law vest the appointment of such inferior 
officers as they think proper ... in the courts of law or in 
the heads of departments." Besides the ambassadors and 
other public ministers, consuls, and judges appointed by the 
president with the consent of the Senate, a large number 
of other officers whose positions have been established by 
law, among them the heads of the executive departments, 
receive their appointments in the same way. The president 
cannot, of course, examine personally into the fitness of all 
his appointments. He must depend largely upon the advice 
of the heads of departments and upon the recommendations 
of senators and representatives of his own party from the 
states in which the office is located. Partly in consequence 
of this fact there has grown up, in the case of those appoint¬ 
ments requiring the confirmation of the Senate, a custom 
that greatly limits the appointing power of the president. 
This is the custom known as " senatorial courtesy," by 
which the Senate almost invariably refuses to confirm an 
appointment unless it meets with the approval of one or 
both of the senators in whose state the office is located, 
provided those senators are members of the majority party 
in the Senate. 

The Life of the President. Ex-president Harrison pictures 
the life of the president thus : " It [the White House] is an 
office and a home combined — an evil combination. There 
is no break in the day — no change of atmosphere. The 
blacksmith, when the allotted hours of work are over, banks 
his fire, lays aside his leather apron, washes his grimy hands,, 


I88 


SCHOOL CIVICS 


and goes home. . . . There is only a door — one that is 
never locked — between the president’s office and what are 
not very accurately called his private apartments. . . . The 
mail that comes daily to the executive mansion is very 
large ; in the early months of an administration it is enor¬ 
mous, as many as eight hundred letters being sometimes 
received in a day. . . . Unless the president is very early, 
he will find some callers waiting for him as he passes 
through the cabinet room to his office. ... His time is so 
broken into bits that he is often driven to late night work, 
or to set up a desk in his bedroom, when preparing a mes¬ 
sage or other paper requiring unbroken attention. ... For 
the first year and a half of an administration the president 
spends from four to six hours of each day talking about 
things he will not have to act upon for months, while the 
things that ought to be done presently are hurtfully post¬ 
poned. . . . This is only an outline of a business day and 
its surroundings, but it will serve, perhaps, to show that the 
life of the president is a very busy one. What contrariety 
and monotony! One signature involves the peace of the 
nation, another its financial policy, another the life of a 
man, and the next the payment of ten dollars from the 
national treasury.” ^ 

Great Statesmen and the Presidency. It is generally 
admitted that, taken as a whole, our presidents have not 
been the greatest statesmen that our country has produced. 
For this a variety of reasons has been assigned. Of those 
who choose a political career, only a few, and those not 
necessarily the greatest, find opportunity to commend them¬ 
selves to their countrymen in such a way as to secure for 

1 Harrison, This Country of Ours, pp. 169-179. Since Mr. Harrison 
wrote this statement a suite of offices has been built for the use of the 
president. 


PRESIDENT AND VICE PRESIDENT 189 

themselves a nomination to the presidency. The methods of 
Congress in large measure cut them off from such opportu¬ 
nities. Further, really great men are seldom highly popular 
men. Mr. Bryce has summed up the reasons for the lack 
of really great men in the list of the presidents as follows : 
" Great men are not chosen president, first, because great 
men are rare in politics; secondly, because the method of 
choice does not bring them to the top; thirdly, because 
they are not, in quiet times, absolutely needed.” ^ 

Executive Power not Perfect. Like every other govern¬ 
mental agency ever created, the arrangements by which the 
executive power of our government is organized have their 
defects. It has been pointed out that the supremacy of the 
office, by far the highest in the gift of the nation, offers too 
great a stimulus to ambition — that it lures the statesman 
from the strict path of rectitude and induces him to seek 
popularity at whatever cost. Again, the frequent recurrence 
of the turmoil accompanying a presidential election is looked 
upon by many as undesirable, particularly as such agitation 
is often wholly unnecessary, the issues being, not real ones, 
but issues manufactured by politicians in order to keep or to 
gain place. The discontinuity of policy resulting from our 
frequent change of presidents is also pointed to as a defect. 
Even when the new president is of the same party as his 
predecessor, there is likely to be considerable change; and 
if of the opposite party, there ensue radical changes result¬ 
ing too frequently in the replacing of tried and experienced 
men by men new to the work. It is also noted that at the 
close of each administration there is likely to occur a period 
of inactivity. The outgoing president hesitates to embark on 
any new line of policy, since it may be completely changed 
by his successor. 

1 Bryce, American Commonwealth, Vol. I, p. 84. 


190 


SCHOOL CIVICS 


The Vice President. In the Constitution as it was origi¬ 
nally adopted the qualifications of the vice president were 
not explicitly stated, though the implication was that 
they must be the same as those of the president. By the 
Twelfth Amendment, however, it was explicitly stated that 
no person constitutionally ineligible to the office of presi¬ 
dent shall be eligible to that of vice president of the United 
States.” The time of electing the vice president and the 
length of his term are the same as in the case of the presi¬ 
dent. His only duties are to preside over the meetings of 
the Senate and to succeed the president. In the Senate he 
is a mere moderator. He has no power of appointing com¬ 
mittees and no vote except a casting vote. The office has 
been generally regarded as of little importance — of so little 
importance, indeed, that capable men have avoided, when¬ 
ever possible, a nomination to it. The result is that, as 
a rule, obscure and inferior men have been elected to the 
office. The danger is not inconsiderable that such men 
may be called upon to fill the presidential chair and dis¬ 
charge the duties of an office for which they were never 
intended. Five presidents have died in office. It has been 
suggested that this defect in our system be remedied by 
giving the vice president more power, either by giving him 
a seat in the cabinet, or by giving him a vote in the Senate, 
or by both these devices.^ The salary of the vice president 
is $ 12,000 per year. 

Library References. Ashley, The American Federal State, §§ 269, 
326-351, 394-400; Macy, chap, xxiii, pp. 139-140; Macy, First 
Lessons, chap, xviii; Dawes, How we are Governed, chaps, vi-vii; 
Fiske, pp. 230, 232-244; Bryce, American Commonwealth, Vol. I, 
chaps, v-viii, xx-xxi; Hinsdale, American Government: National and 
State, chaps, xxviii-xxxii; Wilson, The State, §§ 1097-1108; Curtis, 

^ Theodore Roosevelt, American Ideals, pp. 187-188. 


PRESIDENT AND VICE PRESIDENT 


191 

Constitutional History of the United States, \’'ol. I, chap, xxix; Harrison, 
This Country of Ours, chaps, iv-x; The Federalist; Madison, Debates of 
the Federal Convention; Wilson, Congressional Government, pp. 43-52, 
242-256; Dole, American Citizen, chaps, xiv, xviii; Alton, Among the 
Law-makers, chaps. x,xii, xvii; Lalor,article on " Executive”; Woodburn, 
The American Republic and its Government, chap. iii. 


QUESTIONS ON THE TEXT 

1. Describe the executive department of the United States 
government. 

2. State the requirements for eligibility to the office of presi¬ 
dent. Give full reasons for such requirements. 

3 . State the particulars in which the constitutional qualifica¬ 
tions of the president and of a member of the House of Represent¬ 
atives differ. Account for this difference. 

4 . What office in the United States is restricted to natural- 
born citizens ? Why this restriction ? 

5 . Give the length of term and the salary of the president. 
Give reasons for a six-year term with no reelection. 

6. Give in substance the provision of the Constitution in 
regard to the compensation of the president. 

7 . What three methods of electing the president were proposed 
by the Convention ? Describe the method adopted, and state why 
its original purpose has not been accomplished. 

8. Explain why the method of choosing the president by 
electors, provided in the Constitution, was preferred to other 
plans that were proposed. 

9 . How is the vice president chosen ? Over what body does 
he preside ? 

10. What is meant by the electoral college ? What determines 
the number of electors to which a state is entitled ? To how many 
electors is this state entitled ? 

11. State how a member of the electoral college is chosen, 
and mention his chief duty. 


192 


SCHOOL CIVICS 


12. Give arguments for or against choosing the president by 
direct popular vote. 

13 . Give arguments sustaining the present mode of electing 
the president and vice president. 

14 . Describe the manner of choosing a president in case the 
electoral college fails to elect. State the limitations under which 
this is done. 

15 . Describe the manner of choosing the vice president in case 
no person has a majority of all ballots cast by the electoral college. 

16 . In case of death of both president and vice president, who 
then becomes president ? State the substance of the present law 
of the presidential succession. 

17 . Does the president personally appear before Congress to 
read his message ? 

18 . Give two powers possessed by the president subject to 
approval by the Senate. 

19 . Mention with reference to the president (i) two executive 
powers, (2) one legislative power, (3) one judicial power. 

20. Why have not our greatest statesmen held the office of 
president ? 

21. What is meant by "reprieve”? "pardon”? "commuta¬ 
tion ” ? Explain why the chief executive is given power in these 
matters. 

22. How does the Constitution make the president responsible 
for legislation ? 

23 . What is the president’s message ? Describe it briefly. 

24 . Give in substance the provision of the Constitution regard¬ 
ing the power of the president to convene and to adjourn Congress. 

25 . What is the veto power? Explain the importance of the 
veto power in a republic. 

26 . " The issue is now with Congress. Prepared to execute 
every obligation imposed upon me by the Constitution and the 
law, I await your action.” Comment on the powers and duties of 


PRESIDENT AND VICE PRESIDENT 


193 

the president and of Congress, referred to in this extract from 
President McKinley’s message on the Cuban question (1898). 

27 . What are treaties, and by whom may they be made for 
the United States ? 

28 . Describe the process of making and ratifying a treaty. 

29 . In whom is vested the power to appoint ambassadors.? 

30 . Give the constitutional qualifications of the vice president. 

TOPICS FOR DISCUSSION 

1. The laws enacted by Congress in 1910 were regarded " as a 
presidential victory,” since President Taft had recommended the 
more important of these. Is the tendency to " coerce ” Congress 
or to recommend ? Is this a tendency on the part of your gov¬ 
ernor.? If so, what will be the ultimate effect upon our form of 
government.? 

2. At different times an appeal has been made to senators, 
representatives, cabinet officers, and even to the president to in¬ 
fluence state legislatures to pass certain laws (for example, the 
direct-primary law of 1910, in New York State). Is this an en¬ 
croachment upon the right of a state to be free in matters of 
state government ? 

3 . Should the Speaker of the House of Representatives be 
also a member of Congress, or should he be chosen simply for 
his ability as a presiding officer and parliamentarian and hold 
no other office ? 

4 . Resolved^ That only natural-born citizens of the United 
States, or naturalized citizens who have lived continuously in the 
United States for a period of twenty-one years or longer, shall be 
eligible to hold any office whatsoever under the federal government. 

5 . Resolved^ That all pupils in the public and private elementary 
schools in the United States be taught the common English 
branches in the English language only, and by teachers who are 
loyal citizens of the United States. 


CHAPTER XII 


EXECUTIVE DEPARTMENT; PRESIDENT’S ASSISTANTS 

The Cabinet. Unlike the presidency, the cabinet was not 
created by the Constitution. When the organization of the 
executive power was under discussion, it was proposed that 
an executive council be created to act as a check upon the 
president; and there was also some discussion as to the 
wisdom of forming an advisory body to assist him, without 
giving it any power to control his action. Neither of these 
plans, however, received the sanction of the Convention, and 
the Constitution makes no provision for a body possessing the 
character and functions of the president’s cabinet. The only 
approach to such a provision is found in the clause giving 
the president the right to " require the opinion in writing 
of the principal officer in each of the executive departments 
upon any subject relating to the duties of their respective 
offices.” There were, then, to be executive departments 
whose chief officers were to advise and otherwise assist the 
president; but it was evidently contemplated by the Con¬ 
vention that such assistance would be required from each 
separately, not that they would be formed into a council for 
the purpose of consulting and advising upon matters of gen¬ 
eral administrative policy. The executive departments have 
been created by acts of Congress; but the cabinet, with its 
peculiar functions, though made up of the heads of these 
departments, is the creation neither of constitutional nor of 
statute law. Its relations to the president and to Congress 
have been determined by custom only. Tt has no legal 

194 



© Enrique Muller 

Soldiers in Camp receiving Instruction in the Use of the 
Rifle (above); The Battleship Pennsylvania (below) 


195 









196 


SCHOOL CIVICS 


position as an advisory body, and the president is in no 
way legally bound by its advice, though its opinion may 
and usually does have influence with him. No official 
record is kept of cabinet meetings. 

Relations of Cabinet Officers to President. The head of 
an executive department is more than a mere administrator 
of the business of his department. The actual performance 
of such duties can be intrusted to the assistant secretaries, 
the heads of bureaus, and minor officials; but the secretary 
must understand his department as a whole, must know its 
needs, must see that it is administered in conformity with 
the policy of the administration. His function as member 
of the cabinet is even more important than his function as 
head of the department. He is, first of all, the president’s 
adviser, not only in regard to the business of his own depart¬ 
ment but in matters of general policy as well. Under our 
present system of party government, therefore, it is impor¬ 
tant that there should be harmony in the cabinet if a policy 
is to be chosen and consistently pursued. The secretary 
ought to be not only of the president’s political party but 
also in close personal sympathy with him. It is now 
thoroughly understood that if a cabinet member finds him¬ 
self out of harmony with the president’s policy, it is his duty 
to resign or the president’s privilege to remove him. It is 
for this reason that the president is given so free a hand in 
the choice of his cabinet, and partly for this reason also that 
he usually forms an entirely new cabinet upon his accession 
to office, even though he may be of the same political party 
as his predecessor. All cabinet members are appointed by 
the president, nominally with the consent of the Senate 
(though the Senate practically never refuses its consent), 
and all receive the same compensation, $ 12,000 per annum. 
The president alone has the power to remove them. 


PRESIDENT’S ASSISTANTS 


197 


Executive Departments: Organization. The executive 
departments are very thoroughly organized. They are 
divided first into bureaus, each with a commissioner at its 
head, who is directly responsible to the secretary. The 
bureaus are again divided into divisions, each with its chief 
of division responsible to the commissioner; while sub¬ 
ordinate to these chiefs of division and responsible to them 
is the great army of clerks employed in the administrative 
work of the government. 

Executive Departments: History. Those departments 
whose heads form the president’s cabinet have been created 
from time to time by acts of Congress as the need for 
them became apparent. When the government was organiz¬ 
ing under the Constitution in 1789, Congress created three 
departments — the Department of State, the Department of 
the Treasury, and the Department of War; and the heads 
of these departments (called secretaries), together with the 
Attorney-General, whose office was created the same year, 
formed Washington’s cabinet. The department over which 
the Attorney-General has control, the Department of Justice, 
was not created until 1870. In 1798 the Navy Depart¬ 
ment was added (up to this time naval affairs had been 
attended to by the War Department), and in 1829 the 
Postmaster-General, whose office had existed since colonial 
times, and whose department had been conducted since its 
creation in 1794 as a part of the Treasury Department, was 
made a cabinet member. The Department of the Interior 
was added in 1849. - A Department of Agriculture was 
organized in 1862, but its head was not made a cabinet 
officer until 1889. P'inally, in 1913, the Department of 
Labor was established. It will be seen, then, that the crea¬ 
tion of a new executive department and the calling of its 
chief officer into the president’s cabinet are not always 


198 


SCHOOL CIVICS 


coincident. The departments have been created in the follow¬ 
ing order: State, Treasury, War (1789); Post-Office (1794) *, 
Navy (1798); Interior (1849); Agriculture (1862); Justice 
(1870); Commerce (1903); Labor (1913). Their chief offi¬ 
cers have become members of the president’s cabinet in the 
following order: Secretary of State, Secretary of the Treas¬ 
ury, Secretary of War, Attorney-General (1789); Secretary 
of the Navy (1798); Postmaster-General (1829); Secretary 
of the Interior (1849); Secretary of Agriculture (1889); 
Secretary of Commerce (1903); Secretary of Labor (1913). 

State Department. The chief cabinet officer is the Secre¬ 
tary of State, commonly called the head of the cabinet. At 
cabinet meetings he occupies the seat of dignity at the right 
of the president. His chief duty is the conduct of foreign 
affairs; and since the president, because of the pressure of 
other business, is compelled to give him a very free hand, 
he practically controls the foreign policy of the nation, sub¬ 
ject only to the restraints imposed by the Senate. Thus he 
is brought much more prominently into public notice than 
are the other cabinet officers. It is his business, except in 
cases where special officers have been appointed for the pur¬ 
pose, to conduct all negotiations with foreign countries. He 
receives the representatives of foreign powers and presents 
them to the president, conducts all official correspondence 
with them, carries on all necessary correspondence with 
United States ministers and consuls to foreign countries, 
and issues passports to citizens of the United States who 
wish to travel abroad. So far his duties are concerned with 
foreign affairs, but he has also some domestic duties to per¬ 
form. It is through him that the president communicates 
with the executives of the states, and to him is given the 
custody and publication of the laws and treaties of the 
United States and the custody of the great seal (the official 


PRESIDENT’S ASSISTANTS 


199 


seal of the United States). He is given three assistant secre¬ 
taries, and his department is divided into seven bureaus: the 
Diplomatic Bureau; the Consular Bureau: the Bureau of 
Indexes and Archives; the Bureau of Accounts; the Bureau 
of Rolls and Library; the Bureau of Appointments; and the 
Bureau of Passports. 

Treasury Department: Financial Duties. The second of 
the great executive departments is that of the Treasury. 
It concerns itself principally with the finances of the nation, 
but not exclusively with them, for it performs also a great 
variety of miscellaneous duties. The principal financial duties 
of the Secretary of the Treasury are to estimate the probable 
revenues and the probable expenditures of the government, 
and to prepare plans for the creation and improvement of 
the public revenue. These estimates and plans he submits 
to Congress in his annual report, in order to furnish that 
body with some sort of guide in the making of appropria¬ 
tions and the imposition of taxes. It is his duty also to 
superintend the collection of revenue, to issue warrants for 
the payment of all money from the United States Treasury, 
and to superintend the coinage and printing of money. 

Internal Revemie Bitrean. We have already seen that the 
sources of the national revenue are customs, or import, duties 
and excises, or internal taxes, of various kinds. Until the out¬ 
break of the Civil War the United States had no permanent 
system of internal taxation. In 1862 an Internal Revenue 
Bureau was organized under the Treasury Department and 
a Commissioner of Internal Revenue appointed. 

The Treasurer. All money belonging to the United 
States is in charge of the Treasurer of the United States. 
It is his duty to receive all revenue and to pay it out on 
the warrants issued by the Secretary of the Treasury or by. 
a designated assistant, to redeem the notes of the national 


200 


■ SCHOOL CIVICS 


banks, and to manage the independent treasury system. 
This system was established by Congress at the suggestion 
of President Van Buren in 1840, for the purpose of making 
the United States the custodian of its own money instead 
of depositing it with private corporations; this law was 
repealed the next year, but was reenacted in 1846, during 
President Polk’s administration. Besides the main Treasury 
at Washington, subtreasuries have been established at Boston, 
New York, Philadelphia, Baltimore, Cincinnati, Chicago, 
St. Louis, New Orleans, and San Francisco. In 1913 Con¬ 
gress established a system of twelve federal reserve banks, 
in order to make the currency more nearly meet the needs 
of the country and to enable Congress to supervise our 
banking system more effectively. 

War Department: Military Duties. The War Depart¬ 
ment has control of the military affairs of the nation ; it 
acts also as a Department of Public Works and has con¬ 
tributed toward the advancement of science by conducting 
the exploring expeditions sent out by the government. With 
the exception of the Secretary of War and the Assistant 
Secretary the principal officers arc officers of the United 
States army. Of those whose duties are strictly or mainly 
military the most important are the Adjutant-General, whose 
duty it is to issue orders for the muster and the movement 
of troops, to conduct the correspondence of the department, 
and to keep the records; the Inspector-General, who in¬ 
spects all military posts, all public works carried on by 
army officers, all military prisons, and the military academy, 
and reports as to equipment, discipline, sanitary condition, 
finances, etc.; the Quartermaster-General, who has charge 
of the clothing and general army supplies; the Commissary- 
General, who attends to the food supply ; the Surgeon- 
General, who superintends the medical service; the Chief 


PRESIDENT’S ASSISTANTS 


201 


of Ordnance, who attends to the supply of arms; the Judge- 
Advocate-General, who reviews and records the proceedings 
of all courts-martial and courts of inquiry and acts as legal 
adviser to the department; and the Chief Signal Officer, 
who superintends all military signaling by means of flags, 
heliograph, or other devices, and who has charge of the 
construction and operation of military telegraph lines. The 
supervision of the military academy at West Point is also 
a part of the work of the department. 

Public Works. It is through the Chief of Engineers and 
his corps that the War Department performs in large meas¬ 
ure the functions of a Department of Public Works. Under 
their direction fortifications are located and constructed, 
bridges and docks are designed and built, and great sums 
of money are expended annually in improving rivers and 
harbors. The building of the Panama Canal was in charge 
of this department. 

Department of Justice. Though the Department of Jus¬ 
tice was not created until 1870, the office of Attorney- 
General, as the chief officer of the department is called, has 
existed since 1789. He is the legal adviser of the president 
and of the heads of departments, has the general super¬ 
vision of the work of the United States district attorneys 
and marshals, conducts all suits to which the United States 
is a party, is in general " public prosecutor and standing 
counsel ” for the United States. The law officers of the 
various departments are under his direction and control. 
The work of the department is very large and the office of 
Attorney-General one of the most important and responsible 
under the government. 

Post-Office Department. The Postmaster-General is the 
head of the department. The work is divided among four 
bureaus, each in charge of an assistant postmaster-general. 


202 


SCHOOL CIVICS 


These assistants have the general management of the post 
offices, of transporting the mails, of providing for stamps, 
of managing the finances, of appointing certain classes of 
postmasters, and of directing the inspectors. They provide 
for the free delivery and collection of the mail, for a money- 
order and registry system, for rural free delivery over routes 
aggregating 1,021,492 miles (in 1912), for a railway mail 
service, for the establishment of star routes (mail routes 
other than railways and steamship lines), for a parcel post 
for packages weighing not over twenty ^ pounds, and for a 
postal savings bank where deposits of or multiples of $i 
up to $ 1000 may be made on the certificate plan, the govern¬ 
ment guaranteeing the payment of both principal and interest. 
The rate of interest is 2 per cent. The Postmaster-General 
has the power of appointing all the officers of the department 
except the assistant postmasters-general and the postmasters 
whose salaries are $1000 or more. He may also, with the 
consent of the president, let contracts for the transportation 
of mail and make postal treaties with foreign countries. 

Navy Department. Up to the time of the establishment 
of the Navy Department, in 1798, naval matters were looked 
after by the War Department. The Navy Department has 
general superintendence of the construction, manning, equip¬ 
ment, and employment of war vessels. These duties it per¬ 
forms by means of seven bureaus, whose heads are naval 
officers. These are the bureaus of Yards and Docks, Equip¬ 
ment and Recruiting, Ordnance, Construction and Repair, 
Steam Engineering, Supplies and Accounts, and Medicine 
and Surgery. Their duties are indicated by their names. 
The supervision of the naval academy at Annapolis and of 
the naval observatory at Washington is also a part of the 
work of the department. 

1 Fifty-pound packages may be sent in all first and second zones. 



The Arrowrock Dam, Boise, Idaho (above), and One of the 
Great Government Irrigating Canals (below) 

These great works, constructed by our government, have made fertile 
hundreds of thousands of acres of desert land 
203 







204 


SCHOOL CIVICS 


Department of the Interior. This department, which is 
under the direction of the Secretary of the Interior, per¬ 
forms, like the Treasury Department, a great variety of im¬ 
portant functions. There are two assistant secretaries in the 
department, besides six commissioners and two directors. 
The titles of these commissioners and directors give some 
idea of the scope and character of the work of the depart¬ 
ment. They are the Corpmissioner of the Land Office, the 
Commissioner of Education, the Commissioner of Pensions, 
the Commissioner of Indian Affairs, the Commissioner of 
Patents, and the Director of the Geological Survey. 

The Land Office. The most important bureau of the 
department is the Land Office, which has charge of all the 
public lands of the United States. It is the duty of this 
bureau to direct the survey and sales of this property and to 
issue titles to it. At different periods during its history the 
United States has in various ways come into possession of 
vast tracts of territory. The first of these public lands, it 
will be remembered, was known as the Northwest Territory, 
its cession to the United States, by the states claiming it, 
being completed in 1786. Later North Carolina, South 
Carolina, and Georgia ceded their claims to Western lands, 
and since then the government has obtained enormous 
tracts by purchase and conquest, or by both, and by annexa¬ 
tion. Among these additions may be mentioned the pur¬ 
chase of Louisiana from Trance (1803), the purchase of 
Llorida from Spain (1821), the purchase of Alaska from 
Russia (1867), and the acquisition of extensive territory 
from Mexico (1848) as a result of the war with Mexico, 
the annexation of Hawaii (1898), the acquisition of Porto 
Rico and other islands as a result of the war with Spain 
(1898-1899), the purchase of the Panama Canal zone 
(1903), and the purchase of the Virgin Islands (1917). 


PRESIDENT’S ASSISTANTS 


205 


System of Sii'njeys, Under the direction of the Land 
Office large portions of this vast domain have been dis¬ 
posed of in various ways. Before any disposal could be 
made of them, however, it was necessary that they should 
be surveyed. Accordingly, a system of surveys, known as 
the rectangular system, was very early adopted. A base 
and a meridian line crossing each other at right angles 
were first laid off, and from these the land was divided 
into rectangular townships, each six miles square. Each 
township was divided into sections of 640 acres each, and 
each section into quarter sections. Each section was num¬ 
bered, and section 16, and later sections 16 and 36, were 
set apart for the support of the common schools. 

Land Grants. Besides these grants in aid of education, 
other large grants of public lands have been made to the 
states for educational purposes. The states have also re¬ 
ceived from the general government large grants of swamp 
and saline lands and large grants of other land for purposes 
of internal improvement. Between 1828 and 1846 the gen¬ 
eral government granted to the states, for the improvement 
of rivers and the building of canals, wagon roads, rail¬ 
roads, etc., a total of 162,230,099 acres. Besides these 
state grants the United States has also given land bounties 
to honorably discharged soldiers and sailors in return for 
military and naval service, the grant partaking somewhat 
of the character of a pension, and has granted large tracts 
to railroad companies in order to promote the construc¬ 
tion of railroads and thus develop the country. Many mil¬ 
lions of acres have also been given to settlers, upon com¬ 
pliance with certain laws requiring them to settle upon 
and improve the land. Thus great numbers of settlers 
from the Eastern states and from Europe have found 
homes in the West. 


2o6 


SCHOOL CIVICS 


Bm'eau of Education. The Commissioner of Education, 
through his bureau, collects statistics as to the condition and 
progress of education in the various states and in foreign 
countries, for the purpose of aiding in the establishment 
and maintenance of efficient school systems. In Alaska the 
commissioner has charge of the school systems for native 
children. He also administers the endowment fund for 
the support of colleges for the benefit of agriculture and 
the mechanic arts. 

Pension Bnrean. The Pension Bureau examines and 
adjusts all claims for pensions or bounty lands given in 
return for military or naval service rendered in time of 
war. In 1914 there was paid out in pensions the sum of 
^173,440,231—a sum nearly $35,000,000 larger than in 
1900. Thus the expenses of wars long since ended accu¬ 
mulate to hinder the progress of civilization. The question 
as to the advisability of granting pensions so liberally as 
has been done by our government has been much dis¬ 
cussed. Mr. Harrison says of it: There are two views 
of the pension question — one from the Little Round Top 
at Gettysburg, looking out over a field sown thickly with 
the dead, and around upon bloody, blackened, and maimed 
men cheering the shot-torn banner of their country; the 
other from an office desk on a busy street, or from an 
endowed chair in a university, looking upon a statistical 
table.” 1 

B 7 Lrea 7 t of Indian Affairs. One very interesting branch 
of the work of the Interior Department is that conducted 
by the Bureau of Indian Affairs. Up to 1871 the Indian 
tribes were treated by the government as independent 
nations, but a law passed that year made them the ” wards 
of the nation.” Their interests are now protected under 

1 Harrison, This Country of Ours, p. 285. 


PRESIDENT’S ASSISTANTS 


207 


the Bureau of Indian Affairs by a board of Indian commis¬ 
sioners, whose duty it is to oversee the expenditure of 
money and inspect the goods purchased for them ; by a 
number of inspectors, who visit the agencies to examine 
into their condition; and by agents, who, with the aid of 
teachers, mechanics, and farmers, try to promote civilization 
among them. The Indian schools at Hampton and Carlisle 
are also under the supervision of the bureau. 

Patent Bureau and Geological Survey. The w^ork of 
the Patent Bureau and the process by which patents are 
secured have been considered elsewhere (p. 133). In addi¬ 
tion to the work of the bureaus outlined above, the De¬ 
partment of the Interior also conducts the work of the 
Geological Survey, under the immediate control of an 
officer called a director. The work of the Geological Sur¬ 
vey is to examine the geological structure and to determine 
the mineral resources and mineral products of the United 
States. The survey of the forest reserves is also conducted 
by this bureau. 

Other Activities of the Department. In addition to the 
above, the Department of the Interior is charged with the 
vast work undertaken by the Reclamation Service, by which 
the government, by the construction of dams, canals, and 
irrigating ditches, makes millions of acres of otherwise arid 
land available for agricultural purposes. Through the Bureau 
of Mines the government undertakes to investigate and im¬ 
prove the methods of mining (with reference to the safety 
and health of the miners and to the appliances used), and 
to study ores and minerals and the commercial products 
manufactured from them. The supervision of our national 
parks, of which there are more than a dozen, embracing an 
area of over 4,500,000 acres, is intrusted to the Department 
of the Interior. These great national playgrounds, of which 


208 


SCHOOL CIVICS 


Yellowstone Park is the most important, preserve for the 
people the grandest of our natural scenery and are visited 
by hundreds of thousands of people annually. 

Department of Agriculture. The Department of Agri¬ 
culture is directly concerned with the improvement of farm 
life and conditions. To this end it supervises numerous 
experiment stations, assists state agricultural colleges, intro¬ 
duces new crops and improved breeds of animals, studies 
plant and animal diseases, distributes, free of charge, infor¬ 
mation which tends to improve agricultural conditions, and 
in many other ways renders an efficient public service. In 
Alaska, Guam, Hawaii, and Porto Rico it has established 
experiment stations under its own immediate direction. The 
Department of Agriculture consists of numerous bureaus and 
divisions, the chief of which are here given, with a few of 
their more important duties. 

Weather Bureau, The Weather Bureau sends out forecasts 
of storms (a service of great importance to shipping and 
commerce) and of frosts, cold waves, floods, temperature, 
and rainfall, and furnishes other information of great value 
to navigation, commerce, and agriculture. 

Btireaa of A^iimal Industry. This bureau concerns itself 
with matters pertaining to live stock. It investigates, con¬ 
trols, and eradicates disease among animals; it inspects and 
quarantines live stock to check disease ; it inspects meat 
and meat food-products; and it gives valuable aid to animal 
husbandry and dairying. 

Bureau of Plant Industry. The thirty-one divisions of 
this bureau concern themselves with plant life in all its 
relations to agriculture. A scientific study of edible and 
poisonous plants, plant diseases and their eradication, dis¬ 
eases of trees, and diseases of garden vegetables is made 
and many similar services rendered. 


PRESIDENT’S ASSISTANTS 


209 


In addition the department includes the bureaus of 
Chemistry of Soils, Entomology, Biological Survey, Forest 
Ser\dce, and Crop Estimates. The offices of Public Roads, 
of States Relation Service, of Extension Work, of Home 
Economics, and of Markets constitute parts of the Depart¬ 
ment of Agriculture. 

Department of Commerce. The Department of Commerce 
and Labor was established by Congress in 1903, and the 
head of the department made a cabinet officer. In 1913 
Congress divided this department and created the Depart¬ 
ment of Commerce and the Department of Labor. The 
Department of Commerce consists of the Bureau of the 
Census, the Coast and Geodetic Survey, the Bureau of 
P'isheries, the Bureau of Foreign and Domestic Commerce, 
the Bureau of Lighthouse and Lighthouse Service, the 
Bureau of Navigation, the Bureau of Standards, and the 
Steamboat-Inspection Service. 

The service to the country devolving upon the Secretary 
of Commerce through these bureaus may be briefly summed 
up as follows : the administration of the lighthouse service, 
the establishment and maintenance of aids to navigation, 
the taking of the census, making the coast and geodetic 
survey, the collection and publication of statistics on foreign 
and domestic commerce, the investigation of markets for 
American products, the inspection of steamboats and the 
enforcement of laws pertaining thereto for the protection of 
life and property, the propagation of food fishes and the 
supervision of the Alaskan fur-seal and salmon fisheries, 
jurisdiction over merchant vessels (including their registry, 
measurement, licensing, entry, clearance, etc., and the en¬ 
forcement of the act requiring wireless equipment on 
vessels), the standardization of weights and measures, the 
formation of regulations in conjunction with the Secretary 


210 


SCHOOL CIVICS 


of the Treasury and the Secretary of Agriculture for the 
enforcement of the Pure Food and Drugs Act and the 
Insecticide Act, and the making of such special investiga¬ 
tions and the furnishing of such information in the foregoing 
bureaus as Congress or the president may require. 

Department of Labor. The Department of Labor was 
created in 1913. This department is charged with the 
responsibility of fostering, promoting, and developing the 
welfare of the wage earners of the United States, improving 
their working conditions, and advancing their opportunities 
for profitable employment. The department consists of the 
Bureau of Immigration, the Bureau of Naturalization and 
Labor Statistics, and the Children’s Bureau. 

The Bureau of Immigration prepares and revises all 
regulations pertaining to immigration, decides questions 
as to the right of aliens to enter this country, investigates 
supposed violations of the alien-contract-labor laws, and 
supervises the work done by the inspectors of immigrants. 

The Bureau of Naturalization has full charge of the 
administration of the laws regarding the naturalization of 
foreigners, that is, of the laws which make it possible for 
a citizen of a foreign country to become a citizen of this. 

The Bureau of Labor Statistics collects, each year, full and 
complete statistics in regard to the conditions of labor and to 
the products of labor and their distribution, and these statis¬ 
tics become the basis of the action of the Secretary. 

The Children’s Bureau investigates and reports to the 
department all matters pertaining to the welfare of children 
and child life among all classes of our people, especially 
such questions as infant mortality, the birth rate, orphanage, 
juvenile courts, desertion, dangerous occupations, accidents 
and diseases of children, employment, and legislation affect¬ 
ing children in the several states and territories. 


PRESIDENT’S ASSISTANTS 


211 


The department has established a chain of employment 
offices throughout the country and renders valuable aid to 
the unemployed. 

Federal Trade Commission. In 1914 Congress established 
the Federal Trade Commission, consisting of five members, 
each commissioner to receive a salary of ^10,000 per year. 
In order to prevent unfair competition in business the com¬ 
mission has power to investigate the organization, conduct, 
and management of the business of any corporation, joint- 
stock company, or corporate combination engaged in com¬ 
merce among the several states and with foreign nations, 
except banks and common carriers, and to gather such 
information and data as will enable the president of the 
United States to make recommendation to Congress for 
legislation for the regulation of such commerce. The com¬ 
mission shall report to the president from time to time such 
data as he shall require; and the information so obtained, 
or as much thereof as the commissioners and the president 
may deem expedient, shall be made public. The commission 
has power to order that unfair competition shall cease in 
any given case after a hearing has been granted. The order 
of the commission has all the force of a court order until set 
aside. Orders of the commission may be set aside by the 
United States Circuit Court of Appeals. 

Independent Boards and Commissions.^ In addition to the 
regular executive departments there have been created at 
different times commissions and boards executive in char¬ 
acter though not connected with any of the departments. 
Among these are the Civil-Service Commission and the 
Interstate Commerce Commission. Special officers or boards 
exist also for the purpose of conducting the work of the 
Government Printing Office, of the Library of Congress, of 

1 See Congressional Directory, edition 1918, pp. 325-346. 


212 


SCHOOL CIVICS 


the Smithsonian Institution, Pan-American Union, P'ederal 
Reserve Board (p. 255), United States Shipping Board, 
P'ederal Trade Commission (p. 211), P^ederal Board for Voca¬ 
tional Education, and several minor boards and commissions 
more or less of a special and, therefore, temporary nature. 
The work of the Interstate Commerce Commission has been 
already described (p. 122). The Civil-Service Commission 
consists of three commissioners, only two of whom may be 
of the same political party, appointed by the president with 
the advice and consent of the Senate. There are also a chief 
examiner and a secretary. It is the duty of the commission 
to provide for competitive examinations to test the fitness of 
candidates for the civil service and to regulate and improve 
that service. 

Library References. Macy, First Lessons, chap, xix; Dawes, chaps, 
viii-ix; Bryce, Vol. I, chap, ix; Fiske, pp. 244-250; Harrison, chaps, 
xi-xix; Wilson, §§ 1109-1120; Hinsdale, chap, xxxiii; Curtis, Vol. I, 
pp. 574-576; Congressional Directory; Wilson, Congressional Gov¬ 
ernment, pp. 257-275, 277-293; Dole, chap, xiv; Lalor, articles 
on " State Department,” ” Treasury Department,” etc.; Woodburn, 
pp. 189-193. 


QUESTIONS ON THE TEXT 

1. Was the cabinet contemplated by the Constitutional Con¬ 
vention or provided for in the Constitution ? Discuss fully. 

2. Name, with their titles, the persons composing the presi¬ 
dent’s cabinet. How are the members of the cabinet chosen ? 

3 . Should the cabinet officers have seats in Congress ? Why ? 

4 . Give the name and the three chief duties of the incumbent 
of the most important position in the president’s cabinet. 

5 . Describe the parcel-post system. How does it affect the 
express business ? Is this right ? 

6. Through what department does the United States conduct 
its business with other nations ? Give the salary of cabinet officers. 


PRESIDENT’S ASSISTANTS 


213 


7 . How is the Secretary of the Treasury chosen? What is 
the length of his term of office and what is his salary ? What are 
the chief duties of the Secretary of the Treasury ? 

8. Describe the duties of the Adjutant-General; the Inspector- 
General ; the Quartermaster-General. To what department of 
government do they belong ? 

9 . How many classes of mail are there ? What are the postal 
rates for each ? In which class do letters belong ? newspapers ? 
merchandise ? 

10. What is the basis of the classification of post offices ? By 
whom are postmasters appointed ? 

11. What are the principal duties of the Department of the 
Interior? Mention the two ways of looking at the pension 
question as given by ex-President Harrison. 

12. What is meant by preemption of public lands ? by a 
'' homestead claim ” ? by a " timber claim ” ? 

13 . What direct aid has the United States government given 
to education in the different states ? 

14 . Mention two duties of the Commissioner of Education. 

15 . Upon what grounds has the federal government a right 
to interfere with private business (see p. 13)? 

16 . What officer was last added to the president’s cabinet? 
What is the nature of his duties? 

17 . What department of the cabinet has charge of taking the 
national census ? How often and in what years is the census of 
the United States taken ? of the state ? 

18 . Describe the postal savings bank system. What is its 
purpose ? 

19 . What are the duties of the Civil-Service Commission ? What 
is the civil service ? What is the spoils system ? 

20. What is the chief provision of the system of civil service ? 
Give an argument in favor of this system. 


CHAPTER XIII 


JUDICIAL DEPARTMENT: FEDERAL COURTS 

Necessity of Federal Judiciary. "Laws are a dead.letter 
without courts to expound and define their true meaning 
and operation.” Under the Confederation there existed no 
separate federal judiciary, and the judicial powers vested in 
Congress were extremely limited (pp. 6o, 6i). It had be¬ 
come clear that somewhere in the nation there must exist 
an authority empowered to interpret the laws and treaties 
of the United States and to determine whether or not acts 
passed by Congress harmonized with the fundamental law 
of the land as embodied in the Constitution — in other 
words, to pass upon their constitutionality. It had become 
equally clear that such interpretation could not safely be 
intrusted to the state courts. In the first place, such an 
arrangement would be sure to result in a complete lack of 
uniformity. The same point might and probably would be 
decided in ways as various as the courts before which it 
was brought. In the second place, the state courts were 
unfitted for the work, both because of the nature of many 
of the matters in dispute and because of the character of 
the parties to federal suits. Matters of a quasi-international 
character, such as admiralty jurisdiction, are obviously not 
matters to be properly adjudicated by the courts of any par¬ 
ticular state; nor could state courts be completely trusted, 
because of local prejudices, to do full justice between citi¬ 
zens of their own states and citizens of another, or between 
their own states and the federal government. Moreover, 

214 



The Supreme Court Chamber (above) and the White 
House (below) 


President Washington selected the site of the White House and laid 
the corner stone, October 13, 1792. He lived to see it completed. It 
was partially destroyed by the British in 1814. After it was restored 
the stone walls were painted white to obliterate the marks of the fire, 

whence the name 


215 






















2I6 


SCHOOL CIVICS 


state courts, being authorities coordinate with and inde¬ 
pendent of one another, supplied no means for settling 
disputes between states. And since the Constitution and the 
federal laws made under it were to be applicable not to the 
states only but to the individual citizen as well, it was more 
than ever necessary that a federal judiciary be created to 
interpret and apply these laws. 

The Federal Courts. The Supreme Court was directly 
created by the Constitution, and Congress was empowered 
to provide such inferior courts as might be necessary. 
Changes have been made in the system of inferior courts at 
different times. At present the federal courts are a Supreme 
Court, created by the Constitution, Circuit Courts of Appeals, 
District Courts, a Court of Claims, and a Court of Customs 
Appeals. For the District of Columbia, Congress has pro¬ 
vided a Court of Appeals, a Supreme Court, minor justice 
courts, a police court, and a juvenile court, in addition to 
certain municipal courts. Federal judges are appointed by 
the president and the Senate. 

The Judges. If the judicial department of the govern¬ 
ment was to be made separate from and coordinate with 
the other two departments, it was necessary that the judges 
should be made as independent of them as possible. More¬ 
over, the makers of the Constitution were particularly anx¬ 
ious to secure the independence of the judiciary, regarding 
this as the surest means of safeguarding the liberties of 
the people from the encroachments of the legislature and 
the executive. Accordingly, the Constitution provides that 
" The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation which shall 
not be diminished during their continuance in office ” ; that 
is, their tenure of office is a life tenure subject to removal 


JUDICIAL DEPARTMENT: FEDERAL COURTS 217 

only by impeachment, and that is a process rarely resorted 
to. Six times only since the adoption of the Constitution 
has it been employed against federal judges, and but three 
of these trials resulted in conviction. It is further provided 
by the Constitution that judges of the Supreme Court shall be 
appointed by the president with the advice and consent of 
the Senate; and though no distinct provision is made for 
the appointment of the inferior federal judges, the president 
appoints them under the provision of the Constitution which 
says that the president shall appoint all officers not otherwise 
provided for by the Constitution or by Congress. 

Jurisdiction: One Class of Cases, The Constitution also 
defines very clearly the classes of cases over which the 
federal courts may exercise jurisdiction. Over some of these 
cases jurisdiction has been given to the federal courts be¬ 
cause of the nature of the questions involved; over others, 
because of the nature of the parties to the suit. To the 
first class belong (i) all cases arising under the Constitu¬ 
tion, laws, or treaties of the United States; (2) all cases of 
admiralty or maritime jurisdiction; and (3) controversies 
between citizens of the same state claiming lands under 
grants of different states. Over cases arising under the 
Constitution, laws, or treaties of the United States the 
jurisdiction of the federal courts is not exclusive (that is, 
such cases may be begun in the state courts) ; but in case 
the decision of the state courts is adverse to federal au¬ 
thority, these cases can be finally adjudicated only by the 
federal courts. The reason for the rule is clear. The fed¬ 
eral authority must be the final judge of the extent of 
federal powers. To give the state courts power to render 
final judgment in such cases would be to make them, and 
not the United States, the ultimate authority. Over cases 
belonging to classes (2) and (3) above, the federal courts 


2I8 


SCHOOL CIVICS 


exercise exclusive jurisdiction. Maritime and admiralty 
cases, since they affect either commerce or international 
relations (both of which are regulated by the United States 
and not by the states), and since decisions in such cases 
should be uniform, can be properly dealt with only by the 
United States courts. 

Another Class of Cases. The cases in which jurisdiction 
is given to the federal courts because of the nature of the 
parties to the suit are the following: 

1. Cases affecting ambassadors, other public ministers, 
and consuls; 

2. Controversies to which the United States is a party; 

3. Controversies between two or more states; 

4. Controversies between a state and citizens of another 
state; 

5. Controversies between citizens of different states; 

6. Controversies between a state or its citizens and for¬ 
eign states, citizens, or subjects. 

In all these cases the jurisdiction of the federal courts is 
exclusive. As regards the first of these classes it may be 
said that since ambassadors, ministers, and consuls are 
persons having an international character, it would hardly 
be fitting that cases affecting them should be dealt with by 
state courts. Similarly, it is not in keeping with the sover¬ 
eign character of the United States that it should be com¬ 
pelled to sue or to be sued in a state court. In all the rest 
of these cases it was felt that a state court would be likely 
to be prejudiced. 

Eleventh Amendment. Two of these classes of contro¬ 
versies (4 and 6) have been so far withdrawn from federal 
jurisdiction by the passing of the Eleventh Amendment as 
to prevent a citizen or citizens of another state or foreign 
state from suing a state in the federal courts. These 


JUDICIAL DEPARTMENT: FEDERAL COURTS 219 

provisions were doubtless never intended to give to a private 
individual the right to sue a state, but rather to give to the 
state an opportunity to appear as plaintiff in a federal court 
against citizens of other states. The clause was, however, 
soon interpreted, in the case of Chisholm vs. Georgia, by 
a decision of the Supreme Court in 1793, as applying to 
cases in which a state is defendant also. The decision was 
received with disfavor and alarm by the states. It was 
thought that it violated the sense of dignity of a state to 
be dragged into court as defendant at the instance of a 
private individual. Accordingly, the Eleventh Amend¬ 
ment was proposed by Congress and duly ratified by the 
states. It provides that "the judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity commenced or prosecuted against one of the 
United States by citizens of another state or by citizens or 
subjects of any foreign state." Under this amendment some 
of the states have found it possible to repudiate their debts 
with impunity. 

Transfer of Cases. Any case that has been begun in a 
state court may be transferred to a federal court, provided 
the defendant can rest his case on a federal law. The Judi¬ 
ciary Act of 1789 lays down the rules for thus removing a 
case from one court to the other. It may be done (i) if 
the state court, in judging the case, has decided against the 
validity of a treaty or a law of the United States or some 
authority exercised under the United States; or (2) if the 
state court has decided in favor of the validity of a state 
law or exercise of authority as against the Constitution, 
laws, or treaties of the United States ; or (3) if the state 
court has decided against a privilege, right, title, or im¬ 
munity claimed under the United States Constitution, laws, 
or treaties. The reason for the rule is sufficiently clear. 


220 


SCHOOL CIVICS 


No state construction of a federal law can be admitted to be 
final if that construction in any way abridges federal authority. 

Treason. Besides giving to Congress power to establish 
federal courts inferior to the Supreme Court, the Consti¬ 
tution gives into its hands also the power to declare the 
punishment for treason. It defines treason as follows: 
"Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort." While granting this power, 
however, the Constitution takes care to safeguard the inter¬ 
ests of the individual by imposing some limitations. It is 
provided that " no person shall be convicted of treason, 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court" ; and further, that " no 
attainder of treason shall work corruption of blood or 
forfeiture, except during the life of the person attainted." 
Corruption of blood was a punishment sometimes formerly 
inflicted as a penalty for treason or felony. By it the per¬ 
son attainted was disabled from inheriting any property, 
from retaining any which he might possess, and from trans¬ 
mitting any to his posterity. In accordance with the power 
granted it. Congress intrusts the trial for treason to a 
tribunal appointed by itself, and has decreed death as a 
punishment, or, at the discretion of the court, " imprison¬ 
ment at hard labor for not less than five years, and a fine 
of not less than ten thousand dollars." 

The Supreme Court. As was noted on page 216, the 
Supreme Court was directly created by the Constitution and 
compensation was provided for the judges; but no limita¬ 
tions were imposed as to the number of judges to be ap¬ 
pointed or the amount of salary to be paid to each. These 
details were left to be determined by Congress. The number 
of judges fixed by the Judiciary Act of 1789 was six. This 


JUDICIAL DEPARTMENT: FEDERAL COURTS 221 

number has since been increased to nine, one chief justice 
and eight associate justices. The Chief Justice receives 
an annual salary of 15,000, while the associates receive 
$14,500 each. 

The Supreme Court: its Jurisdiction. The Constitution 
declares in what classes of cases the Supreme Court has 
authority to administer justice. It has original jurisdiction 
(the right to entertain an action from the beginning) in all 
cases affecting ambassadors, other public ministers, and con¬ 
suls, and in cases to which a state is a party. In other cases 
it has appellate jurisdiction ; that is, cases may be brought 
before it from the inferior federal courts or from state 
courts under certain conditions before described (p. 218). 

The Supreme Court: its Sessions. The sessions of the 
Supreme Court are held annually in Washington, beginning 
on the second Monday in October. Excepting on Saturday 
and Sunday, sessions are held daily from twelve to four. 
The court room, formerly the Senate chamber, is a semi¬ 
circular hall with a low, domed ceiling. Around the room 
runs a screen of Ionic columns, forming a loggia and sup¬ 
porting a gallery. In front is the bench of the court, the 
chair of the Chief Justice in the center and those of the 
eight associates on the sides. The justices appear in black 
gowns. The presence of at least six judges is required in 
order that a decision may be pronounced — a rule that doubt¬ 
less delays the work of the court to some extent, but secures 
a thorough consideration of every case. The court goes over 
each case twice. First the opinion of the majority is ascer¬ 
tained. This is then written out by one of the judges, and 
is reviewed and criticized by the court before it is adopted 
as the judgment of the court. The opinion of the dissenting 
judges, in case of a disagreement, may also be written out 
and considered. 


222 


SCHOOL CIVICS 


Circuit Courts of Appeals. Immediately below the Supreme 
Court are the Circuit Courts of Appeals established in 1891 
to relieve the Supreme Court of some of its work, which 
had become extremely heavy. The whole United States is 
divided into nine circuits, and court must be held at least 
once each year in each circuit. The law of 1891 did not pro¬ 
vide for separate judges for the Circuit Courts of Appeals, 
but the Judiciary Act of 1911 did, the judges to be appointed 
by the president by and with the advice and consent of the 
Senate. Each of the justices of the Supreme Court is as¬ 
signed to one of the Circuit Courts of Appeals. The Circuit 
Courts of Appeals may review cases tried in the district 
courts, and the decisions are final in a large number of 
cases arising under revenue, patent, and criminal laws; in 
controversies between aliens and citizens; in suits between 
citizens of different states, etc. Questions involving the 
constitutionality of the United States may be carried to the 
Supreme Court. Since it is relatively easy to raise a ques¬ 
tion of constitutionality, these courts have not rendered the 
relief to the Supreme Court which Congress intended. 

District Courts. Immediately below the Circuit Courts of 
Appeals are the numerous district courts, of which there 
are about ninety. The whole United States is divided up 
into these districts. Each court consists of from one to 
four judges, according to the amount of business to be 
done. District-court judges are appointed by the president 
and the Senate. The jurisdiction of these courts covers all 
crimes and other offenses coming under the authority of the 
United States, including cases resulting from the violation 
of the postal, banking, internal-revenue, and copyright laws; 
cases arising under the pure-food laws, contract-labor laws, 
and laws relating to immigration, and all suits arising under 
any law relating to trade and commerce, the, Sherman 


JUDICIAL DEPARTMENT; FEDERAL COURTS 223 


Anti-Trust Law against restraint of trade, and some others. 
The thoroughness with which federal laws are enforced 
depends very largely upon the activity of the Attorney- 
General, although he may be restrained and the operation 
of the laws suspended by the pressure of the president, as 
in the case of the absorption of the Tennessee Coal and 
Iron Company by the United States Steel Corporation (in 
1909), which was permitted by President Roosevelt in viola- 
lation of law. District-court judges are paid a salary of 
$6000 annually. 

The Court of Claims. This court, established in 1855, 
consists of a chief justice, whose annual salary is ^6500, 
and four associate justices, each with a salary of $6000. 
It holds an annual session in Washington for the purpose 
of dealing with the claims of private persons against the 
federal government. Cases may be appealed from it to the 
Supreme Court. 

Other Inferior Courts. In addition to the courts already 
discussed. Congress has under its control also the Court of 
Customs Appeals, consisting of one chief justice and four 
associate justices appointed by the president and Senate. 
Each such judge receives a salary of $yooo annually. To 
this court must be taken all cases of appeal from the de¬ 
cision of the Board of General Appraisers relative to the 
classification of imports and the duty thereon. Congress has 
also created a judicial system for the District of Columbia, 
consisting of a court of appeals, a supreme court, minor- 
justice courts, a police court, and a juvenile court. 

Marshals and District Attorneys. In order that the fed¬ 
eral courts may execute the powers intrusted to them, there 
is appointed usually in each district an officer called the 
United States marshal, whose duty it is to execute the 
warrants or other orders of the district and circuit courts. 


224 


SCHOOL CIVICS 


and to perform duties corresponding in general to those of 
sheriff in the state governments. In case the marshal meets 
with resistance in the performance of his duty, he is en¬ 
titled to call upon the citizens for assistance. If they can¬ 
not or will not help him, or if their help is insufficient, he 
may apply to the government at Washington for the assist¬ 
ance of United States troops. Besides this federal sheriff 
there is usually appointed in each district a federal prose¬ 
cutor called the United States district attorney. It is his 
duty to institute proceedings against all persons transgress¬ 
ing the federal laws. Both the United States marshals 
and the district attorneys are under the direction of the 
Attorney-General as head of the Department of Justice. 

The Procedure of the Federal Courts. Congress prescribes 
by law the procedure of the federal courts, subject only to 
certain limitations imposed by the Constitution for the pur¬ 
pose of safeguarding the rights of the individual, such as the 
provision securing the right of trial by jury in criminal cases. 

Defects of the Judicial System. The judicial department 
of our federal government has elicited more applause from 
critics, both at home and abroad, than has any other de¬ 
partment. Yet it is not without its defects. It has been 
pointed out that in the inferior courts the salaries ^ are in 
general inadequate, and that in the more populous places 
the staff is insufficient to cope with the business intrusted 
to it. Even the Supreme Court, much as it has been praised, 
has not wholly escaped criticism. It has been said of it that 

1 Each judge of the New York state court of appeals is paid a salary of 
$13,700, and the chief judge $14,200. In New York City judges in the 
court of General Sessions each receive a salary of $17,500. "Therefore, 
Resolved: That the justices of the Supreme Court shall receive an annual 
salary of $20,000 each, and the judges of inferior federal courts an annual 
salary of not less than $10,000 each nor more than $15,000, according to 
their responsibilities.” 


JUDICIAL DEPARTMENT: FEDERAL COURTS 225 

to a certain extent it feels the touch of public opinion — 
a tendency that is perhaps inevitable and not wholly to be 
deplored; and that it has not always followed former deci¬ 
sions — a course that tends to unsettle the law. Its weakest 
point, however, lies in the fact that Congress possesses the 
power to change the number of judges constituting the court 
— a power which enables it, if it can secure the cooperation 
of the president, to " pack” the court. Thus, if Congress and 
the president are determined to secure a certain decision. 
Congress needs only to increase sufficiently the number of 
judges, and the president to appoint men who will give the 
desired opinion, in order to accomplish their ends; but 
while this course is possible, it is hardly probable. 

Excellences. On the whole, however, the excellences of 
our judicial system have far outweighed its defects. It has 
proved extremely stable, and, through the independence 
and superior character of the judges in even the inferior 
federal courts, it has done much to counteract the evils 
arising from the existence of an elective and ill-paid state 
judiciary. The Supreme Court has been most highly praised, 
and certainly its most grudging critic must admit that it has, 
on the whole, kept well out of politics, that its judges have 
been men of excellent legal ability and of the highest moral 
character, that it has escaped all suspicion of corruption 
and has maintained to a remarkable degree its judicial 
impartiality and its credit and dignity in the eyes of the 
people. 

Library References. Macy, chaps, xix, xxi-xxii; Macy, First Les¬ 
sons, chap. XX; Dawes, chap, x; Hinsdale, chaps, xxxiv-xxxvi, xxxviii- 
xxxix; Wilson, §§ 1082-1096; Fiske, pp. 260-262; Curtis, Vol. I, 
chaps, xxviii, xxx; Bryce, Vol. I, chaps, xxii-xxiv; Harrison, chaps, xx- 
xxi; Wilson, Congressional Government, pp. 34-35, 37-40; Alton, 
chap, xviii; Lalor, article on 'judiciary Treason ” ; Woodburn, chap. vi. 


226 


SCHOOL CIVICS 


QUESTIONS ON THE TEXT 

1. Give an outline of the system of the United States courts. 
How are their members chosen ? 

2. Explain why judges enjoy longer terms of oflhce under the 
Constitution than officers in the executive and legislative depart¬ 
ments of government. 

3 . How may judges of the Supreme Court be removed ? 

4 . Mention five classes of cases in which the United States 
courts have jurisdiction. Define '' jurisdiction.” 

5 . Define '' treason.” How is treason punished ? How may a 
person be convicted of treason ? 

6. Describe the organization and state the principal function 
of the Court of Customs Appeals. 

7 . What court decides whether a United States law is con¬ 
stitutional ? 

8. Mention two classes of cases in which the Supreme Court 
has jurisdiction. 

9 . What is meant by '' original jurisdiction ” ? 

10. In what cases has the Supreme Court original jurisdiction.? 

11. In whom is vested the power to try cases against foreign 
ambassadors ? 

12. State, in regard to the judges of the Supreme Court 
(i) number, (2) length of term, (3) salaries. 

13 . How long does the Chief Justice of the Supreme Court 
hold office? Who is the present Chief Justice? 

14 . Tell what you can of the United States Court of Claims. 

15 . Give arguments tending to establish or to controvert the 
following; ” The Constitution follows the flag.” 

16 . Mention two defects of the system of federal courts, and 
two points in its favor. 


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CHAPTER XIV 


THE STATES IN THEIR RELATIONS TO THE CONSTITUTION 

Admission of New States. Even before the adoption of 
the Constitution the admission of new states into the Union 
was contemplated by the general government. The Ordi¬ 
nance of 1787 had provided for the formation of states out 
of the Northwest Territory and for their admission to the 
union on terms of equality with the original thirteen, and 
the new Constitution contained a provision similar in char¬ 
acter but wider in scope. It provided that " new states 
may be admitted by the Congress into this Union; but no 
new state shall be formed or erected within the jurisdiction 
of any other state; nor any state be formed by the junction 
of two or more states, or parts of states, without the con¬ 
sent of the legislatures of the states concerned as well as of 
the Congress.” When the Constitution was framed, it was 
the expectation of the framers that all the territory then 
belonging to the United States would ultimately be formed 
into states, and the policy thus entered upon was subse¬ 
quently extended to the Louisiana Purchase and other early 
additions to the territory of the United States. Since the 
purchase of Alaska, however, and the more recent addition 
of our insular possessions, serious questions have arisen in 
regard to the policy to be pursued. The power to admit or 
to refuse to admit a territory to statehood lies with Congress. 
No community can demand admission as a constitutional 
right. Neither does admission depend upon population, 
though in general it is readily granted when the territory 

227 


228 


SCHOOL CIVICS 


possesses a population as large as that of a congressional dis¬ 
trict. Sometimes, however, for political reasons, admission 
is granted to a territory with a much smaller population, as 
was done in the case of Nevada, which was admitted with 
a population of only 20,000, mainly for the purpose of 
securing its vote for the Thirteenth Amendment. 

Methods of Admission. Admission to statehood is secured 
by one of the two following methods : (i) Upon application 
of the territory. Congress passes an " enabling act ” author¬ 
izing the people to form themselves into a state. The gov¬ 
ernor then calls a convention of delegates to draw up a 
Constitution, which must contain no provisions repugnant 
to the Constitution of the United States or the Declaration 
of Independence, and which must provide for the new state 
a republican form of government. Sometimes, also, the en¬ 
abling act has required the new state to give over to the 
United States all title to unappropriated public lands within 
the territory, to guarantee religious liberty, and to provide a 
system of public schools free from sectarian control. When 
this Constitution has been ratified by the people of the ter¬ 
ritory, the act of Congress becomes operative and the terri¬ 
tory becomes a state and may elect its representatives in 
the usual way. (2) Sometimes, however, the territory, be¬ 
fore applying for admission, has already elected a Consti¬ 
tutional Convention and framed a Constitution. This it 
submits to Congress for approval, at the same time apply¬ 
ing for admission. If Congress approves the Constitution 
thus made, it passes an act accepting and ratifying it, and 
the territory becomes a state. 

Guaranties to the States: Republican Governnie^it. In 
order to safeguard the interests of the states, the Constitu¬ 
tion provides certain guaranties. First of all, it is provided 
that the United States " shall guarantee to every state in 



This Picture represents ” The Right of the People Peace¬ 
ably TO Assemble ”—a Right guaranteed by the Constitution 

in the First Amendment 


229 




















230 


SCHOOL CIVICS 


this Union a republican form of government.” Since the 
general government was to be a federal republic, it was a 
practical necessity that that of the states should be of the 
republican type. 

Protection agamst Invasio7i, In addition to this guaranty 
to the states it is further provided that the United States 
"shall protect each of them against invasion; and on appli¬ 
cation of the legislature, or of the executive (when the legis¬ 
lature cannot be convened), against domestic violence.” The 
necessity of protecting the states from invasion was im¬ 
posed upon the general government by another clause of 
the Constitution, which denies to the states the right to 
maintain troops or ships of war in time of peace. In case of 
invasion no formal application from the state is necessary; 
in such cases the president is authorized by law to use the 
army and navy of the United States or to call out the militia. 

Protection against Domestic Violence. While the last 
clause of the above provision guarantees to the states the 
protection of the general government against domestic vio¬ 
lence as well as against invasion, such protection is fur¬ 
nished only upon application of the legislature or of the 
executive of the disturbed state. The presumption is that 
every state is capable of enforcing its own laws, and that 
the state is the best judge of its own ability or inability to 
do so. By the requirement that aid be furnished only on 
the demand of the state, the general government is deprived 
of all opportunity to meddle with state affairs under pretext 
of protecting the state. It has been decided by the Supreme 
Court, however, in a case growing out of the Chicago riots 
in connection with the great railway strike of 1894, that in 
case such disturbances interfere with the execution of federal 
laws, the president may, without application from the state, 
send troops to suppress them. 


THE STATES AND THE CONSTITUTION 231 


Obligations upon the States: Public Records. While 
the Constitution thus guarantees to the states certain privi¬ 
leges, it also imposes upon them certain duties toward each 
other. It requires that "full faith and credit shall be given 
in each state to the public acts, records, and judicial pro¬ 
ceedings of every other state ” ; and further provides that 
" Congress may by general laws prescribe the manner in 
which such acts, records, and proceedings shall be proved, 
and the effect thereof." Legislative acts are proved or 
made authentic by the affixing of the seal of the state, and 
court records by the certificate of the judge, the signature 
of the clerk, and the affixing of the seal of the court, where 
there is one. It is evident that unless the legislative acts 
and court records of one state were accepted in the others, 
the states would soon be involved in endless confusion and 
litigation. 

Privileges of Citizens. Another of the obligations laid 
upon the states by the Constitution is that they grant to 
the citizens of each state " all the privileges and immuni¬ 
ties of citizens in the several states." By this provision a 
state is prohibited from denying to citizens of the United 
States coming to it from outside its own borders any of the 
privileges granted to its own citizens. It must not regard 
them as aliens; it must not discriminate against them by 
legislation; it must permit them to come and go as freely, 
to acquire and enjoy property as freely, as it does its own 
citizens; it must grant them the same legal protection that 
it grants its own. 

Fugitive Criminals. The Constitution provides also for 
the return of fugitive criminals. " A person charged in 
any state with treason, felony, or other crime, who shall 
flee from justice, and be found in another state, shall, on 
demand of the executive authority of the state from which 


232 


SCHOOL CIVICS 


he fled, be delivered up, to be removed to the state having- 
jurisdiction of the crime.” This process of securing the 
surrender of fugitive criminals is called extradition. The de¬ 
mand, or requisition, is addressed by the executive authority 
of the state having jurisdiction of the crime to the execu¬ 
tive of the state in which the criminal is found, and it 
rests with the latter to determine whether the person de¬ 
manded is a fugitive from the justice of the state making 
the demand. The requisition is made in official form, by 
making complaint on oath or by presenting an official copy 
of the indictment. 

Limitations of State Power. In addition to guarantee¬ 
ing to the states certain privileges and imposing upon them 
certain duties toward each other, the Constitution also lays 
upon their powers certain limitations, denying some powers 
to them absolutely, others provisionally. 

Absolute Limitations: Foreign Affairs. Thus it denies 
to them absolutely the power to do certain acts whose per¬ 
formance by the states would be a practical denial of the 
supremacy of the national government. It is a function of 
only absolutely sovereign states to enter into treaties, alli¬ 
ances, or confederations with other powers. To grant such 
a power to the individual states of the Union would be to 
declare them independent of the general government; hence 
it is expressly denied to them by the Constitution. The 
same is true of the right to grant letters of marque and 
reprisal. This is a part of the war-making power, which 
belongs to the whole nation, not to any single portion of it. 
To grant it to the states would be to subject the whole nation 
to the risk of being involved in a war at any moment. 

Matters relating to Money. The Constitution also lays 
upon the states certain prohibitions in matters relating to 
money. It forbids them (i) to coin money, (2) to emit bills 


THE STATES AND THE CONSTITUTION 233 


of credit, and (3) to make anything but gold and silver coin 
legal tender in payment of debts. The power of coining 
money had already been granted to the general government 
for the sake of securing uniformity in the monetary system. 
To have left a like power with the states would have been 
to defeat that end and to leave the confusion as great as it 
had been before the adoption of the Constitution. The other 
provisions in regard to money were also dictated by the 
experience of the framers of the Constitution during the 
Revolution and under the Articles of Confederation. When 
we were studying the condition of affairs under the Con¬ 
federation, we saw something of the disastrous effects of 
issuing bills of credit (promises to pay, that is, paper money) 
and of making such bills legal tender. 

Personal Liberty. The Constitution also absolutely denies 
to the states the power to interfere with the personal 
liberty and equality of citizens by passing any bill of at¬ 
tainder, any ex post facto law, or any law impairing the 
obligation of contracts, or by granting any title of nobility. 
All these prohibitions, except that in regard to the pass¬ 
ing of laws impairing the obligation of contracts, are laid, 
not upon the states only, but upon the United States as 
well, and we have already studied their meaning and pur¬ 
pose. The clause regarding the obligation of contracts, like 
so many others, was the result of experience. Under the 
Confederation the power of the majority had often been used 
to change existing laws regulating contracts. The debtor 
class in particular had employed this means of escaping 
their just burdens, and had thus wrought no little injustice. 

Provisional Limitations. Besides these absolute limita¬ 
tions upon the powers of the states there exist also some 
provisional ones. Some of these relate to matters of taxa¬ 
tion. The states are forbidden, without the consent of 


234 


SCHOOL CIVICS 


Congress, to lay any tax upon exports or imports except such 
as may be necessary in order to pay the expense of inspec¬ 
tion. If a tax is laid and the revenue from it exceeds the 
expense of inspection, all such excess must be paid into 
the national treasury. The inspection laws of the state are, 
moreover, subject to the revision and control of Congress. 
The states are likewise forbidden to lay tonnage duties 
(duties levied on ships according to their carrying capacity) 
except with the consent of Congress. It will be remem¬ 
bered that the regulation of commerce was one of the 
powers given into the hands of Congress. If that power of 
regulation were to be effective, it was necessary that the 
laying of import and export duties and of tonnage duties 
should also be under the control of that body. In the mat¬ 
ter of war also the states are forbidden independent action 
except under certain conditions. They are forbidden to 
keep troops or ships of war in time of peace except with 
the consent of Congress, or to engage in war unless actu¬ 
ally invaded or in such imminent danger that delay is 
impossible. The object of these restrictions is, of course, 
to insure the safety of the Union as against the states. 
Closely connected with them is the prohibition upon the 
states to enter into any agreement or compact with each 
other or with a foreign power, except with the consent of 
Congress, the object being to prevent any alliance hostile 
to the Union or to the exercise of the powers delegated to 
the United States. 

Doctrine of National Sovereignty. Besides stating thus 
distinctly the limitations, both absolute and provisional, 
placed upon the powers of the states, the Constitution at¬ 
tempts to define still more clearly the relations between the 
state and the national government, as follows : " This Con¬ 
stitution, and the laws of the United States which shall be 


THE STATES AND THE CONSTITUTION 235 


made in pursuance thereof, and all treaties made, or which 
shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in 
every state shall be bound thereby, anything in the Consti¬ 
tution or laws of any state to the contrary notwithstanding/’ 
Moreover, it is further provided that not only every United 
States officer, but every state officer as well, shall take an 
oath to support the constitution of the United States. This 
is the constitutional statement of the doctrine of national 
sovereignty, — the doctrine of the supreme authority of the 
national government over every state and every individual, 
— which was only fully established by the Civil War. In 
interpreting it we must always take into account the fact 
that the national government is a government of delegated 
powers, and that "powers not delegated to the United 
States by the Constitution, nor prohibited by it to the states, 
are reserved to the states, respectively, or to the people." 

Division of Powers : Reserved Powers. Let us look a 
little more closely into the meaning of this division of 
powers between the state and the national government. In 
modern free governments all governmental powers must be 
conceived of as originating with the people. In our own 
system some of these powers are exercised by the state 
authorities, some by the national authorities. Those be¬ 
longing to the states are nowhere expressly enumerated. 
In so far as the Constitution defines them at all, it does so 
negatively, either by making specific grants of power to the 
national government, by laying express prohibitions upon 
the states, or by reserving certain powers to the whole 
people. All other powers, without definite enumeration, are 
reserved to the states. The powers exercised by the national 
authorities, on the other hand, are powers delegated by the 
people through specific grants; and within the sphere of 


236 


SCHOOL CIVICS 


the powers thus specifically granted, the national authority 
is supreme. We have already seen that certain specific 
powers are prohibited to the states and that certain others 
are prohibited to the United States. It should be noted 
also that certain powers are denied to both these authorities 
(pp. 143-146). Thus the sovereign people, in order to pre¬ 
serve certain rights believed to be indispensable, reserved 
to themselves a sphere within which neither state nor 
national authority can operate. There are thus two classes 
of reserved powers — those reserved to the states and those 
reserved to the people. 

Concurrent Powers. Besides these reserved powers and 
besides those specifically granted to the national govern¬ 
ment, there should be mentioned another class of powers 
known as concurrent powers — powers that may be ex¬ 
ercised by both state and national governments. These 
powers are concurrent because the mere grant of a specific 
power to the national government does not of itself con¬ 
stitute a prohibition upon the states to exercise such a 
power. For example. Congress has been granted the power 
to pass uniform bankruptcy laws and has at various times 
exercised this power; several national bankruptcy laws have 
been passed and repealed; but the states have also pos¬ 
sessed and exercised the power to pass bankruptcy laws, 
which, however, cannot apply to existing contracts. To be 
sure, the operation of all such state laws is suspended if, 
or in so far as, they are found to conflict with a national 
law; but upon the repeal of the national law the state law 
again becomes operative and the state resumes its power 
to le^slate upon the subject. 

Classes of Powers. In summing up, we may follow 
Mr. Bryce in distinguishing the following classes of gov- 
ernmental powers in the United States: 


THE STATES AND THE CONSTITUTION 237 

1. Powers vested in the national government alone; 

2. Powers vested in the states alone; 

3. Powers exercisable by either the national government 
or the states; 

4. Powers forbidden to the national government; 

5. Powers forbidden to the state governments. 

To these might be added another class: 

6. Powers vested in the people alone and exercisable 
only by the difficult process of amending the Constitution. 

Conflicts of Authority. When conflicts of state and na¬ 
tional authority arise, it becomes the duty of the courts, 
and, in the last resort, of the Supreme Court of the United 
States, to define the limits of state and national jurisdic¬ 
tion. In making such decisions the courts have followed 
the rule that the state is presumed to have jurisdiction 
wherever its powers have not been limited by the United 
States constitution or by its own constitution, while the na¬ 
tional government possesses a particular power only if it 
can be shown to have been granted, either specifically or 
by implication, in the Constitution. 

Library References. Macy, chaps, xxxix-xli; Macy, First Lessons, 
chap, ii; Dawes, chaps, xiv-xv; Hinsdale, chaps, xxvii, xl-xlii, xliv- 
xlv, xlix; Fiske, pp. 253-258; Wilson, §§891-893; Bryce, Vol. I, 
chaps, xxvii-xxx ; Curtis, Vol. I, chaps, xxvii-xxviii, xxxi-xxxii, Vol. II, 
chap, viii; Wilson, .Co^igressional Government, Introduction; Lalor, 
Article on " State Sovereignty ” ; Woodburn, pp. 77-87. 


QUESTIONS ON THE TEXT 

1 . By what authority are new states admitted to the Union ? 

2 . Describe the process of admitting a new state to the Union. 

3 . State and explain the restriction in the constitutional 
provisions for the admission of new states. 


238 


SCHOOL CIVICS 


4 . Give the provisions of the Constitution by which no state 
need pay more than its just share of taxes. 

5 . Give the substance of the constitutional provision regarding 
fugitive criminals. 

6. A person having committed a crime in one state flees to 
another state; how may he be captured and returnedWhat is 
this process called ? 

7 . Give the substance of the constitutional provision regarding 
(i) public records ; (2) protection of states by the nation. 

8. What power is reserved to the people ? 

9 . Mention three important powers denied to the states, and 
give a reason in each case. 

10 . Mention two governmental powers held by the United 
States and prohibited to the states. Give a reason in each case. 

11. Define " legal tender.” 

12. What is the provision of the Constitution regarding the 
laying of duties on imports or exports by any state ? Why is this 
provision necessary ? 

13 . What prohibition in regard to treaties is laid on the states ? 
Give the reason for this prohibition. 

14 . " The states are forbidden to issue letters of marque, to 
coin money, to emit bills of credit, to pass ex post facto laws, 
or to make anything but gold and silver coin legal tender in 
payment of debt.” Explain these prohibitions. 

15 . Give the constitutional provision regarding powers reserved 
to states. 

16 . Mention two points of difference between the rights 
enjoyed by a state and the rights enjoyed by a territory. 

17 . Give in substance the provision of the Constitution regard¬ 
ing the protection of states by the nation. 


CHAPTER XV 


THE BILL OF RIGHTS : THE INDIVIDUAL IN HIS RELATIONS 
TO THE CONSTITUTION 

The Bill of Rights. When the Constitution was sub¬ 
mitted to the people for ratification, one of the chief objec¬ 
tions raised against it was that it contained no Bill of 
Rights — no sufficiently explicit guaranty of the rights of 
the individual against the encroachments of the federal 
power. Several of the states, while ratifying it, accompanied 
their acceptance with a recommendation that certain amend¬ 
ments be added, safeguarding the liberties of the indi¬ 
vidual. Numerous amendments were proposed by the 
various states, many of them covering the same ground. 
The first Congress passed twelve, of which ten were rati¬ 
fied by three fourths of the state legislatures and were 
declared in force in 1791. These first ten amendments 
constitute our American Bill of Rights, so called from their 
resemblance to the English Bill of Rights enacted in i68g. 

Restriction only upon the Federal Government. It should 
be noted in connection with these first ten amendments 
that they were designed as restrictions upon the United 
States, not upon the states, and that they have been so 
interpreted by the courts. Unless the states are specifically 
mentioned, it is held that the limitations imposed by the 
United States constitution are imposed on the national 
government only. Thus, if a state should by its Constitu¬ 
tion abolish the right of trial by jury, no national law, con¬ 
stitutional or statute, would be brought to bear to prevent. 

239 


240 


SCHOOL CIVICS 


The reason for this is clear enough if we remember the 
circumstances under which the Constitution came into 
existence. It was framed in the hope of establishing a 
better government than that of the old Confederation, and 
the government created by it was the national government, 
not the governments of the states. Some of the state con¬ 
stitutions existed before the federal constitution, and gen¬ 
erally guaranteed to their citizens the rights afterwards 
provided for in the federal constitution by these amend¬ 
ments. The federal Bill of Rights was passed in order to 
secure to the citizens of the United States the rights already 
guaranteed to them as citizens of the states by their state 
constitutions; and the limitations of the federal constitu¬ 
tion, unless otherwise expressly stated, apply to the national 
government and to it alone. 

Classes of Guaranties. Let us look now a little more 
closely at these limitations, which the people deemed it 
necessary to impose upon the newly formed government 
in order to protect the citizen against possible encroach¬ 
ments upon his individual rights. They fall into three main 
classes: (i) provisions guaranteeing to him the right of 
personal liberty; (2) those guaranteeing the right of per¬ 
sonal security; (3) those guaranteeing the right of private 
property. 

The Right of Personal Liberty. The several provisions 
of the First Amendment secure to the individual the right of 
personal liberty. This amendment attempts to secure, first 
of all, freedom of religion, by providing that "Congress shall 
make no law respecting an establishment of religion, or pro¬ 
hibiting the free exercise thereof." As we all know, many of 
the settlements in this country were made primarily for the 
purpose of providing a means of escape from the restrictions 
of a state church, and in such communities the desire for 



The State Capitol at Albany, N.V. (above) and the State 
Capitol at Frankfort, Ky. (below) 

Similar buildings in all states are devoted to the work of the governor and 
other state officials, and of the legislature. In some states the great state 
departments of public works, health, charities, education, correction, 
safety, banking, insurance, finance, and the like are centered ih the 

capitol building 
241 























242 


SCHOOL CIVICS 


the separation of Church and State was natural. Moreover, 
in view of the religious intolerance shown by many of the 
colonies, and the great variety of sects existing there, such 
a separation provided the only means of avoiding religious 
disturbances. The amendment also denies to Congress the 
power of " abridging the freedom of speech or of the press.” 
This right of free speech and of a free press is one that 
our nation has guarded jealously — so jealously that it may 
be questioned whether the right is not frequently abused. 
Finally, the amendment provides for securing ” the right of 
the people peaceably to assemble, and to petition the govern¬ 
ment for a redress of grievances.” This right of petition 
had been secured in England by the Bill of Rights of 
1689. It might be supposed that the mere fact of possess¬ 
ing a republican form of government assured such a right 
to the people of the United States, but they evidently 
wished to make assurance doubly sure by making the pro¬ 
vision a part of the Constitution. The right of peaceable 
assembly was not generally recognized in Europe until a 
later period than that of our Constitution. 

The Right of Personal Security. The right to be secure 
from injury in body or character is guaranteed by a number 
of amendments or parts of amendments. The Second 
Amendment secures to each state the right to keep and 
bear arms, the reason assigned in the Constitution itself 
being that a well-regulated militia is necessary to the security 
of a free state. By the Fourth Amendment, provision is 
made also for security against the unwarrantable seizure of 
persons as well as of property. It is required that persons 
shall be seized only upon warrants issued upon probable 
cause and supported by oath or affirmation, and the person 
to be seized must be particularly described. Special pains 
are taken to secure to persons accused of crime every 


THE BILL OF RIGHTS 


243 


opportunity for their vindication and defense. All of the 
Fifth Amendment except the last clause, all of the Sixth 
Amendment, and all of the Eighth Amendment are devoted 
to the provision of such guaranties. Unless the person 
accused is a member of the army or of the navy or of the 
militia in actual service, he can be held to answer for a 
capital or otherwise infamous crime only on the indictment 
or presentment of a grand jury.^ If the penalty endangers 
life or limb, he cannot be tried twice for the same offense. 
He cannot be compelled to be a witness against himself, 
and he cannot be deprived of life, liberty, or property with¬ 
out due process of law. By the Sixth Amendment it is 
provided that the accused shall be given a speedy public trial 
by an impartial jury of the district in which the crime was 
committed ; he must be informed as to the nature and cause 
of the accusation ; he must be confronted with the witnesses 
against him ; he must be permitted to compel, if necessary, 
the attendance of favorable witnesses ; he must be permitted 
to secure or must be given the assistance of counsel for his 
defense. Finally, by the Eighth Amendment the requirement 
of excessive bail, the imposition of excessive fines, and the 
infliction of cruel and unusual punishments are forbidden. 

1 A grand jury consists, in most of the states, of from twelve to twenty- 
three men, chosen by lot in every district to inquire into all the offenses 
committed in the district since the meeting of the last grand jury. Usually 
cases are brought before it by a public prosecutor, who formally charges 
certain persons with particular crimes. If the grand jury thinks the evi¬ 
dence against an accused person sufficient to warrant a trial, it returns an 
indictment (a written accusation presented by a grand jury under oath, and 
upon the suggestion of the public prosecutor, to a court having jurisdiction 
of the offense charged therein) or a presentment (a written accusation pre¬ 
sented by a grand jury upon its own motion, from its own knowledge or 
upon evidence laid before it). When an indictment has been found, the 
accused is given a copy of it and allowed time to prepare his defense. If 
he is unable to pay for counsel, the judge must appoint one, whose services 
are paid for out of the public treasury. 


244 


SCHOOL CIVICS 


The Right of Private Property. By several of these first 
ten amendments or parts of them the right of private prop¬ 
erty is guaranteed. One of the annoyances to which the 
colonists had been subjected by the British government was 
the ” billeting ” (or lodging) of soldiers upon them. It was 
probably this experience that suggested the Third Amend¬ 
ment, by which it was provided that no soldier should be 
quartered in any house in time of peace without the owner’s 
consent, nor in time of war except in a manner prescribed 
by law. The Fourth Amendment also (which, as we have 
already seen, provides against the unwarrantable seizure 
of persons) makes provision likewise against unreasonable 
searches or seizures of property by requiring that searches 
be undertaken only on warrants issued upon an oath attest¬ 
ing a cause and describing the place to be searched and 
the things to be seized, while the last clause of the Fifth 
Amendment provides that no private property shall be taken 
for public use without just compensation. Finally, by the 
Seventh Amendment it is provided that in civil suits, where 
the value in controversy exceeds ^20, the right to trial by 
jury shall be preserved, and any reexamination of a case 
thus tried must be conducted according to the rules of the 
common law. 

General Guaranties. It would seem as if the above pro¬ 
visions, together with similar ones contained in the Consti¬ 
tution as originally adopted, must furnish ample security 
for the rights of the individual; but in order to deprive the 
federal government still more completely of any possible 
opportunity to encroach upon them, there was added the 
Ninth Amendment, declaring that the enumeration in 
the Constitution of certain rights shall not be construed to 
deny or disparage others retained by the people”; and the 
Tenth Amendment, already considered elsewhere (p. 235), 


THE BILL OF RIGHTS 


245 


by which all powers not delegated to the United States or 
prohibited to the states are reserved to the states or to 
the people. 

Library References. Ashley, §§ 554-560, 571-573; Macy, pp. 30- 
31 ; Dawes, chaps, xi-xii; Curtis, Vol. I, chaps, xxxiv-xxxv, Vol. II, 
chap, vi; Fiske, pp. 269-270; Hinsdale, chap, xlvi.i; Montgomery, 
pp. 242-243 ; Lalor, article on " Bill of Rights ” ; Woodburn, pp. 84-85. 


QUESTIONS ON THE TEXT 

1 . Define " Bill of Rights.” 

2. What provision is there in the Constitution regarding free¬ 
dom of speech and of the press ? Discuss briefly the reasons for 
this provision. Is it likely to be abused ? How ? 

3. State the substance of that provision of the Constitution 
which insures religious freedom. 

4. Give in substance that provision of the Constitution which 
secures (i) personal liberty; (2) protection to private property. 

5. What rights are secured by the Constitution to persons 
accused of crime ? 

6 . What provision is made for trial by jury in civil cases 

7. What does the Constitution provide with reference to search 
warrants ? Explain the importance of this provision. 


CHAPTER XVI 


MISCELLANEOUS PROVISIONS OF THE CONSTITUTION 

The Public Debt. We have still to consider a few mis¬ 
cellaneous provisions of the Constitution not studied in the 
preceding chapters. Of these, two concern themselves with 
the national debt, one forming part of the Constitution as 
originally adopted, the other forming part of the Fourteenth 
Amendment. By the first it was provided that all debts 
contracted before the adoption of the Constitution should 
be as valid against the United States under the Constitu¬ 
tion as under the Confederation. In this provision the 
framers of the Constitution were merely declaring their 
adherence to the generally accepted principle of public law, 
that a nation does not invalidate its debts or other contracts 
by changing the form of its government; but the measure 
doubtless tended in no small degree to inspire confidence 
in the new government. The other provision of the Con¬ 
stitution dealing with the public debt grew out of the Civil 
War. It constitutes the fourth section of the Fourteenth 
Amendment and provides that "the validity of the public 
debt of the United States . . . including debts incurred for 
payment ... for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States nor any state shall assume or pay any debt or obli¬ 
gation incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipa¬ 
tion of any slave; but all such debts, obligations, and claims 
shall be held illegal and void." In other words, the United 

246 



The City Hall, Des Moines (above), and the New York City 
Public Library (below) 

The city hall in many cities is where the common council and board 
of aldermen meet. The city departments usually center here. Either 
by public taxation or by private philanthropy most cities have a free 

public library 
247 


























248 


SCHOOL CIVICS 


States assures the validity of all debts incurred in the sup¬ 
pression of the rebellion, but refuses itself to pay and 
requires the states to refuse to pay any incurred in support 
of the rebellion. 

Ratification. The seventh and last article of the Consti¬ 
tution proper provided for its ratification. Conventions were 
to be called in the various states for the purpose of rati¬ 
fying the instrument, and the acceptance of nine states was 
to be sufficient for its establishment between those states. 
We have already seen something of the difficulties in the 
way of ratification and of its ultimate accomplishment 
(PP- 75 - 77 ). 

Amendment. One of the conditions indispensable to the 
permanency of a constitution is a provision for its^ own 
amendment. States grow and change, and unless their 
constitutions (particularly if they are embodied in written 
documents) provide some means by which they can be 
made to conform in an orderly way to the altered condi¬ 
tions, the only recourse is to revolution, peaceful or otherwise. 
One of the chief defects of the Articles of Confederation, 
it will be remembered, was the practical impossibility of 
amending them. Profiting from their experience with them, 
the delegates to the Constitutional Convention attempted 
to provide a method of amendment which should be thor¬ 
oughly practicable and should yet be difficult enough to 
prevent hasty and ill-considered changes. Time has shown 
that in this respect they were entirely successful. 

Possible Methods. As finally provided by Article V of 
the Constitution, amendments may be proposed and rati¬ 
fied by two methods: they may be proposed either (i) by 
a two-thirds vote of both Houses of Congress or (2) by 
a convention summoned by Congress at the request of 
the legislatures of two thirds of the states. They may be 


MISCELLANEOUS PROVISIONS 


249 


ratified either (i) by three fourths of the states through 
their state legislatures or (2) by three fourths of the states 
through conventions called especially for the purpose. It is 
left with Congress to propose the method of ratification to 
be followed. Some restrictions were laid upon this power 
of amendment, however. The clauses in regard to the im¬ 
portation of slaves and the laying of direct taxes were not 
to be affected by amendment, and it was further provided 
that no state should be deprived of its equal suffrage in the 
Senate without its own consent. 

Method Used. Up to the present time all amendments 
to the Constitution have been proposed and ratified by the 
first of the two methods described above; that is. Congress 
has framed and proposed the amendments and the state 
legislatures have ratified them. No special conventions have 
ever been summoned for either purpose. The consent of 
the president to a constitutional amendment has been held 
by the Supreme Court to be unnecessary on the ground 
that an amendment ... is an act in constitution-making 
and does not come within the provisions of the Constitution 
investing the president with a negative.” ^ 

Existing Amendments. The number of proposed amend¬ 
ments that have been brought before Congress for its 
consideration is very large, but only twenty-one have ever 
received the necessary two-thirds vote and been submitted 
to the states. Of these, seventeen only have been ratified 
and become part of the Constitution. These seventeen may 
be divided into three groups. In the first of these groups 
we find the first ten amendments, the Bill of Rights, 
whose origin and purpose have already been discussed 
(Chapter XV). They are hardly to be considered as true 
amendments to the Constitution, and they ” ought to be 
1 Woodburn, The American Republic and its Government, p. 154. 


250 


SCHOOL CIVICS 


regarded as a supplement or postscript to it, rather than as 
changing it.” In the second group we find the Eleventh, 
Twelfth, Sixteenth, and Seventeenth amendments, which, 
though they deal with quite different subjects, may really 
be classed together, since they attempt to correct minor 
defects or to meet the expanding needs of a growing democ¬ 
racy that have become apparent in the actual working of 
the Constitution. These amendments have been discussed 
in connection with the matters with which they deal (pp. 103, 
112, 176, 218). To the third group belong the three amend¬ 
ments (the Thirteenth, Fourteenth, and Fifteenth) which 
grew out of the Civil War and which register in the written 
Constitution the political results achieved by that struggle. 

Thirteenth Amendment. The Thirteenth, Fourteenth, and 
Fifteenth amendments were ratified under circumstances 
which make it impossible to regard them as the free expres¬ 
sion of the wishes of three fourths of the states at that time. 
By the Thirteenth Amendment slavery, except as a punish¬ 
ment for crime, was abolished in the United States and in 
all places subject to its jurisdiction. By the Emancipation 
Proclamation freedom had been granted to all slaves in 
the states then in rebellion, but that did not include all the 
slaveholding states, so that in certain places slavery could 
still claim a legal right to existence. The amendment, having 
been ratified by three fourths of the states, was declared a 
part of the Constitution in December, 1865. 

The Fourteenth Amendment. A part of the plan of recon¬ 
struction entered upon at the close of the war is stated in 
the F'ourteenth Amendment. It was proposed by Congress 
in 1866 and declared in force two years later. It defines 
citizenship by declaring that it is possessed by all persons 
born or naturalized in the United States and subject to the 
jurisdiction thereof, thus making the freed slave a citizen. 


MISCELLANEOUS PROVISIONS 


251 


It forbids the states to make any laws abridging the 
privileges of citizens, depriving any person of life, liberty, or 
property without due process of law, or denying to any per¬ 
son the equal protection of the laws — provisions likewise 
intended primarily to secure federal protection for the 
freedman. By Section 2 of the amendment an attempt was 
made also to secure political rights for the negro, by pro¬ 
viding that any state denying to male citizens twenty-one 
years old the right to vote should have its representation in 
Congress cut down in proportion to the number of citizens 
thus debarred from voting. This provision has never been 
made effective. The amendment also imposed some polit¬ 
ical disabilities upon certain classes of participants in the 
war. All state or United States officers who had taken part 
in the rebellion were rendered incapable of further office¬ 
holding until such disability should be removed by Congress. 
An act of 1898 finally removed the last disability imposed 
by this section. 

The Fifteenth Amendment. This amendment was pro¬ 
posed by Congress in 1869 and declared in force a year 
later. It was a direct attempt to secure full political rights 
for the negro. It had become clear that the indirect plan 
embodied in the second section of the Fourteenth Amend¬ 
ment was destined to remain ineffective for a long time, 
if not forever. The Fifteenth Amendment provided that 
the right of citizens to vote should not be abridged on 
account of race, color, or previous condition of servitude. 
The wisdom of the policy that dictated the amendment has 
been much discussed. Like the second section of the Four¬ 
teenth Amendment, it has proved ineffective, for wherever 
the political consequences of the negro vote have been 
unpleasing to the white citizens, the states have found 
means of suppressing it. 


252 


SCHOOL CIVICS 


Promote the General Welfare.’’ In the Preamble to 
the Constitution specific reasons are given why we should 
have "a more perfect union.” One of those reasons is 
stated in the title of this paragraph. The framers of the 
Constitution definitely specified in that instrument itself 
how the general welfare was to be promoted to the extent 
of relieving known difficulties. Chapter IX deals with 
these provisions. Fearing that there might be something 
overlooked in the enumeration of the powers of Congress 
not included in such general provisions as the power to 
regulate commerce between the states and with foreign 
countries, a clause was inserted, purely general in character, 
and known as the " elastic, or grandfather, clause.” This 
provision also has been discussed in Chapter IX. In the 
following sections of this paragraph it is intended to fix 
attention briefly, and in a manner suggestive in character, 
upon the welfare work of the federal government, dealing 
particularly with the health and safety of the people, with 
some reference to improved business conditions. 

Pure Food a 7 id Drugs Act. First in importance is the 
Pure Food and Drugs Act of 1906. The manufacture 
and sale of adulterated foods, including meat products and 
drugs, had become little short of scandalous. People were 
not only being swindled, but their health was seriously 
endangered. This act makes it unlawful to manufacture, 
offer for sale, or have in one’s possession for sale any food 
or food product, or any drug or medicine, which is adulter¬ 
ated or which contains any poisonous substance prejudicial 
to health. Each package must be clearly marked, and the 
label must state the weight and the various ingredients 
which go to make up the article in question, when there 
are more than one, and the proportion of each. United 
States inspectors examine the manufacturing plants and 


MISCELLANEOUS PROVISIONS 


253 


meat-packing houses doing an interstate business, and 
federal agents collect samples offered for sale by retail 
dealers of such products, and cause the same to be analyzed 
by the chemists in the Bureau of Chemistry of the Depart¬ 
ment of Agriculture. Railroads and other common carriers 
doing an interstate business are forbidden to handle the 
product of any concern not complying with the provisions 
of this law. Thus the federal government protects the 
health of its citizens at home and their reputation abroad. 

Protection of Employees. The influence of federal legis¬ 
lation upon state legislation is always strong and sometimes 
mandatory. This can be exemplified in numerous ways. By 
appropriate legislation the federal government has estab¬ 
lished an eight-honr day for all its employees. Not only 
must employers on government work not require more than 
eight hours, but any person who may desire shall not be 
permitted to work more than eight hours in any one 
calendar day. An eight-hour day leaves time for workmen 
to engage in those things which tend toward better living 
for the individual and for better home conditions generally. 
Employees of the federal government who are injured while 
in the discharge of their duties are assisted during their 
disability and their dependents cared for. In case of death 
resulting from injury while in the discharge of their duties 
as government employees, provision is made through federal 
compensation for the care of those dependent upon them. 
Machinery of all kinds used by federal employees must be 
equipped with modern safety appliances to prevent injury 
or to make it less likely. 

Employees of Interstate Compajiies. By appropriate legis¬ 
lation Congress has, under its power to regulate commerce, 
compelled railroads, street-car lines, and other common car¬ 
riers doing an interstate business to equip their engines. 


254 


SCHOOL CIVICS 


cars, and other machinery with modern safety appliances. 
Railroads must also equip their tracks with block systems 
of signals for the safety of the public. It has been made 
unlawful for railroads and street-car lines doing an inter¬ 
state business to employ any person for more than sixteen 
continuous hours; anyone who has worked for that length 
of time then becomes disqualified to return to duty until ten 
hours have intervened. In case the person is a train dis¬ 
patcher, then nine hours of continuous service in any 
twenty-four hours is the maximum set. In all cases the pro¬ 
hibition extends to voluntary as well as compulsory service. 
In this manner not only the welfare of the individual 
employee is conserved but the lif^ and safety of the public 
as well. 

Child Labor. Of all abuse of power, that which affects 
helpless childhood is the most contemptible. Legislation 
regulating the hours in which children of certain ages may 
be employed has been enacted in many of the states. These 
laws are by no means uniform in their requirements, and 
the laxness of their enforcement makes the legislation 
which does exist practically of little effect. To exploit chil¬ 
dren for commercial gain at the expense of their mental, 
physical, and moral development is the surest possible 
method of undermining the future " general welfare.” In 
1916 Congress passed a law which puts an end to interstate 
commerce in goods made in mills which employ children 
under fourteen years of age, or in which children under 
sixteen years of age are permitted to work more than eight 
hours a day. The law is applicable to all manufacturing 
establishments doing an interstate business, and makes man¬ 
datory that the eight hours of child labor shall be between 
7 o’clock in the morning and 7 o’clock in the evening 
of the same day. The passage of this law virtually forced 


MISCELLANEOUS PROVISIONS 


255 


appropriate child-labor laws and their proper enforcement 
in every state. Government inspectors make short work of 
known violators of federal laws. 

Federal Reserve Act. By this act Congress, in 1913, 
made a direct attempt to provide an elastic currency and 
to afford means of rediscounting commercial paper. All 
continental United States and Alaska are divided into 
twelve federal reserve districts by the Reserve Bank 
Organization Committee, composed of the Secretary of the 
Treasury, the Secretary of Agriculture, and the Comptroller 
of the Currency. This committee also designated one city 
in each district in which there should be established a 
federal reserve bank. These banks, and the branch banks 
which may be established in each district, are under the 
direction and control of the Federal Reserve Board, of 
which the Secretary of the Treasury and the Comptroller 
of the Currency are ex-officio members. In addition there 
are five members appointed by the president at an annual 
salary of $12,000 each. For the extra work placed upon 
the Comptroller of the Currency he receives an additional 
salary of $7000 per year. The federal reserve banks 
become places of deposit of federal funds. A federal 
reserve bank must have a capital stock of not less than 
$4,000,000. This fund is raised by subscriptions from 
national and state banks, from individuals and corpora¬ 
tions, or by allotments from the United States Treasury. 
Through these banks business men are enabled to obtain 
loans on reasonable security and are thus enabled to con¬ 
tinue their business. Loans are also made upon real estate, 
thereby enabling the owner to improve and develop the 
same. The purpose of these banks is to give aid to those 
who need it, when they need it, upon reasonable security 
and upon reasonable terms. 


256 


SCHOOL CIVICS 


Rural Credit Act. By the Rural Credit Act Congress, 
in 1916, undertook to do for the farmer what the Federal 
Reserve Act does for the merchant and manufacturer, 
namely, to put him upon an equality with all others who 
have genuine assets, and make the credit of the country 
available to him. This law reduces the interest which a 
farmer must pay to 6 per cent, increases the length of 
time for the loan, and permits payment in installments. 
Heretofore the farmer paid approximately 81 per cent, and 
in 1912 the farmers carried a mortgage debt of $6,1^0,- 
000,000, on which they paid an annual interest of more 
than $530,000,000. The vast importance of this act to 
our basal industry is apparent. There are twelve of these 
rural credit banks in as many districts, under the super¬ 
vision and direction of a Federal Rural Credit Board of five, 
appointed by the president at an annual salary of $10,000 
each. The law provides for the organization of loan associa¬ 
tions in each district, from which farmers may make loans 
for periods ranging from five to forty years. These real- 
estate mortgages are used by the rural credit banks as the 
basis of farm bonds, which are so drawn as to rank with 
railroad or any other bonds as a means of safe and reliable 
investment. Through these two acts — the Federal Reserve 
Act and the Rural Credit Act — the vast credit of the 
country is made equally available to all having proper 
security, in amounts according to that security, upon terms 
whicfi are safe, humane, and liberal. 

Library References. Dawes, pp. 413-417; Hinsdale, chaps, xliii, 
xlvi, xlviii; Fiske, pp. 269-270; Wilson, §§ 1045-1046; Bryce, Vol, I, 
chap, xxxii; Curtis, Vol. I, chap, xxxii, Vol. II, chaps, xi-xii; Lalor, 
article on "Constitution”; Woodburn, pp, 154, 338, 356. 


MISCELLANEOUS PROVISIONS 


257 


QUESTIONS ON THE TEXT 

1 . In what two ways may amendments to the Constitution be 
proposed ? State one mode of ratification of an amendment. 

2. How long a time elapsed after the adoption of the Consti¬ 
tution before any amendments were made.? Give the substance 
of any of these amendments. 

3 . How many amendments have been made to the Constitu¬ 
tion Explain the purpose of the Thirteenth, Fourteenth, and 
Fifteenth amendments. 

4 . What amendments are included in the Bill of Rights ? 

5 . What are the principal provisions of the Sixteenth and 
Seventeenth amendments of the Constitution ? 

G. Mention some of the provisions of the Pure Food and Drugs 
Act; of the Federal Reserve Bank Act; of the Rural Credit Act. 
Discuss these provisions. 

7 . Why should we have a federal child-labor law? a federal 
eight-hour day ? a federal compensation law for injured employees ? 
Discuss these questions. 

8. Is it the business of the federal government to compel rail¬ 
roads and other common carriers to equip their engines, cars, 
and other machinery with safety devices ? Why ? What concern 
is it to the country generally that railroads should be equipped 
with block signals ? 

9 . Why should the federal government inspect slaughterhouses 
and manufacturing plants whose food products are designed for 
interstate and foreign commerce? Are questions 6, 7, 8, and 9 
indications of government interference with private business ? 
What is a private business ? Is any business which depends 
upon public support for its continuance really a private business ? 
Why do you say so ? 


CHAPTER XVII 


THE UNWRITTEN CONSTITUTION 

Development of the Unwritten Constitution. In the 

foregoing description of our national government, reference 
has more than once been made to the existence of well- 
established political institutions and usages for which our 
written Constitution makes no provision but which have 
nevertheless become as fixed a part of the governmental 
machinery as have any of the institutions provided for by 
the written instrument. Such institutions and usages exist 
by the law of the unwritten constitution. In an earlier 
chapter (p. 27) it was pointed out that constitutional gov¬ 
ernment may exist as well under an unwritten constitution 
— a constitution consisting of a mass of well-established 
precedents, usages, and statutes — as under a written one, 
in which such fundamental laws find expression in a single 
written document. Not only is this true, but it should be 
noted also that wherever a written constitution remains long 
in use without undergoing more or less extensive revision, 
it does so by virtue of the fact that there grows up beside 
it or within it an unwritten constitution, changing and ex¬ 
panding with the needs of the nation living under it. This 
unwritten constitution has been called the flesh and blood 
of the constitution, rather than its skeleton. Such a growth 
has taken place in the United States. Our real constitution 
to-day consists not only of the document so carefully elabo¬ 
rated by the convention of 1787, but of numerous judicial 
decisions, legislative acts, and political customs, which have 

258 


THE UNWRITTEN CONSTITUTION 259 

originated in attempts to interpret or supplement it. Thus, 
while our constitution has undergone very little change by 
way of amendment or revision of the written document, it 
has, by means of its unwritten portion, readily adapted itself 
to the ever-changing needs of a rapidly expanding people. 

Original and Inherent Powers. One of the most impor¬ 
tant changes brought about by the growth of our unwritten 
constitution is the enlargement of the powers of the national 
government. It has frequently been asserted that our national 
government is one of strictly enumerated powers — that it 
can do only those things which, by an express grant of 
power, or at most by implication, it has been given the right 
to do. This is unquestionably what the makers of the written 
Constitution intended. As a matter of fact, however, the 
national government does exercise other powers than those 
expressly delegated to it or implied in the exercise of its 
delegated powers. In other words, the national government 
exercises not only delegated and implied powers, but orig¬ 
inal and inherent powers as well; and the exercise of such 
powers has been held by the courts to be constitutional. In 
making the purchase of Louisiana, and in passing the legal- 
tender acts of the Civil War, the national government was 
exercising powers neither delegated to it by the Constitution 
nor clearly implied in such grants of power as it had received. 
A more recent example of the exercise of original powers 
by the national government is to be seen in the acquisition 
of territory as a result of the Spanish-American War and in 
the establishment of governments for the acquired territory. 

Presidential Electors only Party Agents. Other instances 
of practices and precedents that have all the force of con¬ 
stitutional provisions have been noticed in the preceding 
pages, but may be briefly recalled here. In our discussion 
of the electoral college the fact was noted (p. 179) that 


26 o 


SCHOOL CIVICS 


presidential electors are required by party custom to vote in 
the electoral college for the candidates selected by their party 
at the nominating convention and at the polls. This custom, 
though it does not transgress the letter of the written con¬ 
stitution, nevertheless defeats the purposes of the framers in 
creating the electoral college. It was intended that this body 
should be made up of men versed in public affairs and ac¬ 
quainted with the merits of public men, and that it should 
exercise a wise discretion in its choice of the chief executive. 
In the first two presidential elections this ideal was more or 
less fully attained, though even in the second election party 
influence began to make itself felt in the selection of the 
vice president. There was a somewhat general expectation 
at least that for vice president the Federalists would vote 
for John Adams and the Antifederalists for George Clinton. 
By the time of the third presidential election party organiza¬ 
tion was sufficiently developed and party influence suffi¬ 
ciently strong to control the votes of most of the electors; 
and by the time of the fourth it had become so clearly under¬ 
stood that the elector’s duty was merely to ratify his party’s 
choice, that the struggle centered about the formally nomi¬ 
nated candidates for president and vice president rather 
than about the electors. Gradually the elector lost every 
vestige of the discretionary power with which the framers 
of the Constitution had intended to endow him, and became 
the merest party agent. It is conceivable that there might 
be found an elector rash enough to exercise his undoubted 
legal right to vote contrary to the wishes of those who 
elected him, and no legal penalty could be inflicted upon 
him; but such a course would mean for him political 
suicide. He would be looked upon as having betrayed a 
public trust and as deserving of the severest condemnation. 
No provision of the written Constitution is more strongly 


THE UNWRITTEN CONSTITUTION 


261 


safeguarded by the support of public sentiment than is this 
unwritten law requiring the elector merely to register the 
vote of his party. 

Reeligibility of the President. Another unwritten rule 
that has come to have in practice the force of constitutional 
law is the rule limiting the reeligibility of the president. 
The written Constitution sets no limit. The existing rule 
that the president shall be reelected but once had its origin 
in the example of Washington. At the close of his second 
term he expressed his intention of declining reelection, on 
the ground that the unlimited reeligibility of the president 
was not in keeping with republican institutions. He deemed 
it advisable to set the limit at two terms. Jefferson, who 
might also have been elected for a third term, followed the 
example of his predecessor, and public opinion set the seal 
of its approval upon the custom so strongly that few serious 
attempts have been made to elect a president for a third 
term. An attempt in the Republican convention of 1880 to 
renominate Grant for a third term failed, as did the attempt 
to nominate Roosevelt in 1912, although he "bolted” his 
party, organized a new party, and thus forced his own 
renomination for a third term, only to be defeated at the 
polls in the November election. The election of a presi¬ 
dent for a third term is a possibility, and if it should occur, 
would repeal the unwritten rule against it; but so long as 
the rule commands the support of public opinion it is a 
part of the unwritten constitution. 

Custom and the President’s Power of Removal. It is by 
a rule of the unwritten constitution also that the president 
possesses the power to remove, without the consent of the 
Senate, officers appointed by him with the advice and con¬ 
sent of that body. The written Constitution does not pro¬ 
vide for the removal of officers except by the process of 


262 


SCHOOL CIVICS 


impeachment.! It is obviously necessary that there shall re¬ 
side somewhere the power to remove incompetent or unfit 
officials whose offenses fall short of actual violations of law. 
A debate upon the question as to where such power should 
be lodged arose in the first Congress in connection with 
a bill for organizing the first departments. It was held by 
some members that the consent of the Senate was necessary 
for removal as well as for appointment; by others, that 
the power of removal should belong to the president alone. 
Congress adopted the latter view, and it was not until 
President Jackson’s abuse of the power revealed its possi¬ 
ble danger that the wisdom of this construction of the 
Constitution was seriously questioned. Even then no legis¬ 
lative action was taken, and it was only when the conflict 
with President Johnson arose that Congress made any 
attempt to interfere with the president’s power of lemoval. 
By the Tenure of Office Act, passed in 1867, the consent 
of the Senate to the removal of presidential appointees was 
made necessary, and thus the construction of the Constitu¬ 
tion adopted by the first Congress was set aside. But it was 
not for long. Just a month after the inauguration of the 
next president came the repeal of all those provisions of the 
act that interfered with the president’s power of removal, 
and in 1886 what was left of the act was repealed. "It is 
now generally held by publicists of both parties that the 
Tenure of Office Act was unconstitutional and would have 
been so held by the courts if it could have been tested.’’ ^ 
Since its repeal there has been practically no question that 
the power to remove appointees without the consent of the 
Senate is one of the president’s constitutional prerogatives. 

1 Art. I, Sec. 57, of the Constitution provides that either house may expel 
a member by a two-thirds vote. 

2 Woodburn, The American Republic and its Government, p. 189. 


THE UNWRITTEN CONSTITUTION 


263 


The Senate and the President’s Nominations. Closely 
allied with this unwritten rule in regard to the president’s 
power of removal is another touching the matter of appoint¬ 
ments. In accordance with this rule the Senate invariably 
confirms the president’s nominations for cabinet officers. 
The control of other presidential appointments has passed 
very largely into the hands of the Senate. It confirms or 
rejects them on any ground it chooses — for party reasons 
or for even less commendable ones. Not so with the 
cabinet; the president is allowed a free hand in the choice 
of his immediate assistants, and the Senate confirms his 
nominations without question. It is, of course, conceivable 
that the president might make a nomination so obviously 
unfit that the Senate would reject it, but such a nomination 
is very improbable. 

The Cabinet and the Unwritten Constitution. This custom 
of unquestioning confirmation by the Senate of cabinet 
nominations finds its justification in the character and func¬ 
tion of the cabinet itself. The nature of this body as it 
exists to-day and its relation to the president and to Con¬ 
gress are matters governed entirely by the law of the 
unwritten constitution. Its function and its relation to other 
branches of the government have been already discussed 
(pp. 194,196), but it should be noted that in the cabinet we 
have a political institution of very great importance which is 
not only regulated by the law of the unwritten constitution 
but is indeed a creation of it. 

The Committee System. Another important political 
arrangement which has become a part of our constitution, 
though the makers of our written Constitution did not fore¬ 
see it or provide for it, is the committee system by which 
Congress accomplishes its work. The system grew up as 
the easiest and most natural method of solving the problems 


264 


SCHOOL CIVICS 


confronting the first Congress. Congress, unlike the British 
parliament, had no official leaders charged with the duty 
of preparing measures and presenting them for its con¬ 
sideration. That duty belonged to the whole body, which 
soon found that the most effective method of accomplish¬ 
ing its work was by dividing it among the members. 
At first measures were usually debated in committee of 
the whole, and then there was delegated to a special 
committee the task of preparing a bill in accordance with 
the conclusions reached in the debate. As time went on 
permanent committees were appointed to deal with certain 
regularly recurring lines of business, and thus was gradu¬ 
ally developed the extensive and complex committee system 
of the present, whose working we have already studied 
(pp. 155-158). 

Party Government. Finally, our whole system of party 
government, so important a part of our real constitution, has 
developed under the guidance of unwritten law. Our written 
constitution nowhere contemplates such a system, and its 
growth has wrought profound changes in the character of 
our government. The president, who was intended to stand 
outside of and above all parties, has become avowedly a 
party leader. The Speaker of the House of Representatives, 
whom the Constitution barely mentions and who was in¬ 
tended to act merely as a presiding officer, has come to 
wield tremendous influence over the course of legislation. 
The development of the party caucus, of the party conven¬ 
tion, of our whole elaborate party organization and machinery, 
though not in contravention of the letter of the written 
constitution, is nevertheless contraiy to the wishes and 
expectations of the framers of that instrument. All these 
established institutions, usages, and understandings form 
parts of our unwritten constitution. If the student is to 


THE UNWRITTEN CONSTITUTION 


265 


arrive at any adequate conception of the true nature of our 
government, he must not lose sight of the existence of this 
ever-changing unwritten constitution, side by side with the 
written instrument under which it has grown up. 

Senatorial Courtesy. It is customary for the president 
to consult with the senators and representatives of his own 
political party in the matter of making appointments to 
office within their respective states. This custom is known 
as '' senatorial courtesy.” The number of appointments 
which the president is required by law to make has been 
materially reduced by placing thousands of government 
employees under civil-service regulations. The number 
which he still must make is very large, however, and it 
is quite impossible for him to inquire personally into the 
fitness of each. Therefore he very naturally turns to the 
chosen representatives of the people of the different states 
— men who are in a position to judge the fitness of the 
president’s appointments, and who, when they are of his 
own political faith, are as anxious as he is to strengthen 
his administration by appointing popular and efficient offi¬ 
cers. Arising out of necessity, this method of making 
appointments is now expected of the president. President 
Garfield failed to consult Senators Conkling and Platt of 
New York in the matter of appointments to certain impor¬ 
tant offices in that state; whereupon both senators resigned 
and asked to be reelected by the legislature as a rebuke 
to President Garfield. This the legislature refused to do, 
thereby sustaining the action of the president in the free 
exercise of his appointing power. It is difficult, however, 
for the president to get his appointments confirmed by the 
Senate unless he conforms pretty generally to the plan of 
consulting with and very largely following the advice of 
the members of his party in Congress. 


266 


SCHOOL CIVICS 


Library References. Ashley, §§ 229-230 ; Bryce, Vol. I, chap, xxxiv; 
Woodburn, pp. 86-93; Hildreth, Vol. IV, p. 105 ff,; Curtis, Vol. II, 
chap, iii; Tiedeman, Unwritten Constitution of the United States; 
see also Library References for Chapter VII. 

QUESTIONS ON THE TEXT 

1. State one objection to an u.pwritten constitution as a basis 
of national government. 

2 . Is it the written or the unwritten constitution which deter¬ 
mines the following: (i) no state has a right, of its own motion, 
to secede from the Union; ( 2 ) presidential electors are expected 
to vote for their party nominee. Give reasons for your answer. 

3. What determines that a member of the federal House 
of Representatives shall reside in the district from which he is 
chosen ? Give reasons for and against this practice. 

4. How is the real business of the federal Senate and House 
of Representatives conducted ? Explain the system. How did it 
come to be established ? 

5. The members of the various committees in the federal 
Senate are elective. What is the practice in the House of Repre¬ 
sentatives ? Explain. 

6. How may a party caucus in Congress determine legislation ? 
Are the members of the party bound by the action of the caucus ? 
Is this phase of our government a matter of the written or of 
the unwritten constitution ? Explain. 

7. Under our written constitution, has the federal government 
the right in matters essentially national to exercise such original 
and inherent powers as belong to a sovereign state ? Explain. 

8. What is meant by " senatorial courtesy ” ? How far is it 
applied in the matter of presidential appointments ? Explain. 

9. By whom are the presidential appointees removable ? Is 
this matter determined by constitutional provisions ? Explain. 

10. How was the cabinet created ? What regulates its action 
and its relation to the president and to Congress.? Discuss fully. 

11. What penalty is inflicted for violations of the provisions of 
the unwritten constitution ? What would happen, for instance, if a 
presidential elector should vote contrary to the wishes of his party, 
or a member of Congress to the decision of his party caucus ? 


CHAPTER XVIII 


STATE GOVERNMENTS 

In our study of the federal constitution we have already 
considered the relation of the states to the national govern¬ 
ment (Chapter XIV). We must now attempt to outline in 
a general way the government of the states themselves. 

National Expansion. Since 1789 national expansion has 
been very rapid. At that date there were thirteen states, 
with an area of 392,520 square miles,^ whose population by 
the census of 1910 is 37,310,849. Three new states have 
been made from parts of these, and thirty-two others have 
been added, with an area of 2,632,360 and a population of 
54,661,417. ''Westward,” indeed, "the course of empire 
takes its way,” and the power which New England and 
her sister states once exercised in politics is now shared 
with, if not entirely transferred to, the great states of the 
Mississippi Valley and of the Far West. 

Diversities and Uniformities among the States. When 
we consider how dissimilar are the elements that compose 
our population, how great the extent and how varied the 
character and climatic conditions of the territory over which 
that population is spread, and, finally, how large a measure 
of political independence is left to the states by the federal 
constitution, we might expect a much wider diversity of 
political arrangements between the states than actually exists. 
Diversities there are, to be sure, but they are in matters of 

1 Including Maine, Vermont, West Virginia, and the District of Columbia, 
as parts of Massachusetts, New York, Virginia, and Maryland respectively.. 

267 


268 


SCHOOL CIVICS 


detail. In general outline the governments of these forty- 
eight great commonwealths are surprisingly alike. This simi¬ 
larity must be attributed in part to direct copying of portions 
of the constitutions of the older states by the newer ones; 
in part to the constant movement of population, which 
tends to prevent the growth of local peculiarities; in part to 
the influence of railways, newspapers, and telegraphs, which 
tends in the same direction ; in part to the absence among 
the newer states of both natural and historical boundaries 
and of separate traditions. In all the states we shall And 
written constitutions, which provide systems of government 
alike in all essential particulars. 

Origin of State Constitutions. The state constitutions are 
the direct descendants of the royal charters under which the 
early English settlements in America were made. From 
the beginning the English colonists in America were accus¬ 
tomed to the idea of a fundamental law, usually written, 
which created for them a frame of government and which 
emanated from an authority superior to the ordinary law¬ 
making power in the colony. This superior authority resided 
at first in the British crown or in the crown and Parlia¬ 
ment ; but when the colonies became independent common¬ 
wealths, it passed over, not to the legislatures, but to the 
people of the newly created states. In the ten colonies 
that were either proprietary governments or royal provinces 
(pp. 33-34) it was deemed necessary to frame new con¬ 
stitutions or to make considerable alterations in the old 
ones; but in the three charter colonies (p. 32), namely, 
Massachusetts, Rhode Island, and Connecticut, the colonial 
charters were made to serve as state constitutions, with only 
such changes as were made necessary by the substitution 
of the authority of the people for that of the crown. We 
have already seen how largely the federal constitution was 


STATE GOVERNMENTS 


269 


influenced by the preexisting state constitutions. As might 
be expected, it has in its turn influenced the constitutions of 
states admitted to the Union since its adoption ; but still 
more have they been influenced by the constitutions of 
the older states from which the settlers of the newer states 
have come. The original constitutions of the first thirteen 
states, as well as the constitutions of the newer states, have 
been not only frequently amended but even entirely remod¬ 
eled, so that the constitutions now in force in the several 
states date from all periods of our history. 

Methods of Constitution-Making. At first state consti¬ 
tutions were formed either by the legislatures or, more 
commonly, by special constitutional conventions. These con¬ 
ventions were rarely required to submit their work to the 
people for approval; they were empowered not only to draft 
but also to adopt the constitution. Up to 1810 only three 
out of the twenty-five constitutions adopted had been sub¬ 
mitted to the voters for ratification. Gradually these methods 
have changed. In nearly all the states, constitutions are now 
framed by specially elected conventions, whose work is then 
submitted to the voters for ratification or rejection. 

The Present Process. In detail the present process of 
forming a state constitution is practically as follows: A 
resolution is passed, in some states by a two-thirds vote, in 
others by a majority vote of the members of the state legis¬ 
lature, calling for a constitutional convention. If, at the 
next election, the voters signify a desire for revision of the 
constitution, another resolution of the legislature prescribes 
the number of members for the convention, the election 
districts, and the mode of election. When the convention 
has met and finished its work, the new draft is submitted 
to the people for ratification, though only one third of the 
states require such popular sanction. Usually it is accepted 


2/0 


SCHOOL CIVICS 


or rejected as a whole, though extra clauses on certain 
subjects are occasionally voted upon separately. In some 
states constitutional revision is required at stated intervals. 

Constitutional Amendments. If, instead of general re¬ 
vision, certain specific amendments to the constitution are 
desired, such amendments are first proposed by the state 
legislature. In a few of the states the proposal for amend¬ 
ment may be passed by a mere majority of the members 
of the legislature ; others require a three-fifths vote, others 
a two-thirds vote, while still others require that the proposal 
be passed by two successive legislatures by votes varying 
in different states from a majority to three fourths of the 
members elected. After the proposed amendments have 
been passed by the requisite majorities, they are submitted 
to the people for ratification, and in this popular vote 
also special majorities are required by the different states. 

While the process of amendment may seem at first sight 
somewhat difficult, it has not been found so in practice. 
Constitutional changes in the states have been made fre¬ 
quently — too frequently, some critics believe. The fact 
that the more recent constitutions require the consent of 
only one legislature, instead of two successive ones, to 
a proposed change, would seem to indicate a tendency 
to make the process a shorter and thus an easier one. 
When we come to consider the contents of state constitu¬ 
tions, we shall see that they deal in the most detailed man¬ 
ner with a great variety of matters, many of which are of 
such a character that laws concerning them must be sub¬ 
ject to somewhat frequent alteration ; hence constitutional 
revision is probably no more frequent than is necessary. 

Contents of State Constitutions: Historical Changes. 
The earlier state constitutions were brief, usually contain¬ 
ing little more than a Bill of Rights and a frame of 


STATE GOVERNMENTS 


271 


government. As might be expected in the case of gov¬ 
ernments formed under revolutionary influences, the new 
governments consisted of a strong legislature, a compara¬ 
tively weak executive, and a carefully organized and inde¬ 
pendent judiciary. As revolutionary influences died away, 
there followed a second period in the history of constitution¬ 
making, lasting from about 1800 to the Civil War. In the 
constitutions of this period the political tendency of the 
time toward democracy is clearly manifest. Over a large 
part of the country it becomes an established principle that 
constitutions shall be enacted by popular vote. The suffrage 
is widely extended until it becomes practically manhood 
suffrage, except in the case of the negro. The legislature 
begins to be regarded as a mere body of agents, to whom are 
intrusted no very large discretionary powers, and who must 
apply to the sovereign people for any extension of their 
powers. The increasing length of the constitutions of this 
period is a very signiflcant thing, and was due to the incorpo¬ 
ration of a mass of provisions differing from ordinary statutes 
only in having been enacted directly by the people instead 
of by the legislatures. The constitutions enacted since the 
Civil War have shown a slight reaction against the demo¬ 
cratic tendencies of the earlier period. There has been a 
disposition to strengthen the executive and judicial depart¬ 
ments of the government and to curtail the power of the 
legislature, both by laying restrictions upon it and by resort¬ 
ing frequently to direct legislation by the people. 

Existing State Constitutions. These constitutions usually 
contain a deflnition of the boundaries of the state, a Bill of 
Rights, and provisions for the establishment of the three 
departments of government, with their officers and func¬ 
tions, together with regulations concerning the suffrage. In 
addition to these more essentially constitutional provisions, 


2/2 


SCHOOL CIVICS 


there occur a great number of miscellaneous provisions 
dealing with matters which properly belong to the domain 
of ordinary law — for example, articles concerning taxation, 
education, local government, corporations, public lands, the 
administration of the state debt, the management of public 
institutions, the sale of intoxicants, and many others. These 
later constitutions, moreover, not only cover this great 
variety of subjects, but they deal both with these and with 
the properly constitutional provisions in much greater detail 
than was attempted in the earlier ones. Doubtless the prin¬ 
cipal motive in thus crowding into the constitutions much 
that might better take the form of laws on the statute 
books is popular distrust of the legislatures and consequent 
desire to legislate directly upon certain important subjects. 

The State Governments. In every state the government 
is divided into the three departments—legislative, executive, 
and judicial. The state legislatures are all bicameral, the 
smaller house being termed in all states the senate, the 
larger usually the house of representatives, though in six 
states it is known as the assembly, in three as the house of 
delegates. The state executive consists of the governor and 
a number of other officials. The state judiciary consists of 
at least one state court with a number of minor courts.^ 

Suffrage and Elections. Nearly universal manhood suf¬ 
frage prevails in most of the states; still the qualifications 
are by no means uniform. Most of the states demand that 
the voter be of the male sex, twenty-one years of age, a 
resident of the state on a specified date, and not a crimi¬ 
nal or a pauper. Beyond this the qualifications vary widely. 
In the states of Arizona (1912), California (1912), Colo¬ 
rado (1893), Idaho (1896), Kansas {1912), Michigan 
(1918), Montana (1914), Nevada (1914), New York (1917), 

1 See p. 285. 


STATE GOVERNMENTS 


273 


Oklahoma (1918), Oregon (1912), South Dakota (1918), 
Texas (1918), Utah (1896), Washington (1910), and 
Wyoming (1869) women vote on equal terms with men, 
and in Illinois (1913) so far as not prevented by the state 
constitution. A majority of the states demand that the voter 
be a citizen; in others a declaration of intention to become 
a citizen is sufficient. Mississippi, Massachusetts, New Hamp¬ 
shire, Connecticut, and Delaware impose an educational test, 
requiring ability to read or to read and write. Idaho denies 
suffrage to polygamists. Some states require that the voter 
register his name and certain other facts before he can vote. 
The reason for the age requirement is obvious. The residence 
qualification, if carried to such a length as it is in New York 
State,^ tends not only to prevent repeating (voting more than 
once) at the ballot box but to secure from the voter some 
familiarity with local conditions before he casts his vote for 
a local officer. Citizenship presupposes a certain interest in 
the affairs of a state which may, perhaps, not exist in the 
alien voter. In cities, registration has made it more difficult 
for the dishonest voter to vote more than once. 

Method of Choosing Candidates. The men to be voted 
for at the various local, state, and national elections for the 
numerous offices have to be selected in some manner by 
each political party, a separate set for each party. This is 
usually done by what is known as the convention plan or by 
means of the primary election. For this purpose the state 
is divided into election districts, usually the smallest polit¬ 
ical division of the state. The state is also divided into 
counties and into legislative, judicial, and congressional dis¬ 
tricts, and the state itself likewise comprises an election 
district. In each district and state each political party has 

1 The state constitution demands residence in the state for one year, in 
the county for four months, and in the election district for thirty days. 


274 


SCHOOL CIVICS 


its committee, whose duty it is to call a meeting of the 
voters or delegates of the party for the purpose of placing 
in nomination candidates for the various offices of the dis¬ 
trict concerned, to announce the issues upon which it goes 
before the people and asks for their support, and to transact 
such other business as may devolve upon the meeting. If 
the convention plan is followed, the committee of the elec¬ 
tion district calls a caucus or a primary of the voters of the 
election district belonging to its political party, and proceeds 
to nominate candidates for local offices and delegates to 
the county convention, or to whatever convention is next 
in order. This convention of delegates proceeds to select 
candidates for the offices of the county or other district 
and delegates to some higher convention, and so on, until 
a complete set of candidates for all offices, local, state, and 
national, is chosen by each political party. The candidates 
thus selected constitute the party ticket, which goes before 
the people at the regular election in November or later. If 
the primary-election plan is followed, a candidate for office 
must secure the signatures of a certain percentage of the 
voters of his political party. His name, with those of others 
for the same office from the same party (if there are other 
candidates), is then placed upon the primary ballot. In this 
manner the ticket for the primary election is made up. At 
the date set for the primary election the voters meet at the 
places designated and from the number of candidates vote 
for the candidates of their choice. Those who receive the 
highest vote at the primary election become the candidates 
of their respective parties at the general election. In this 
manner the party ticket is made up. The convention plan 
places the responsibility of selecting candidates upon the 
party leaders, while the primary-election plan places it upon 
the individual voter. 


STATE GOVERNMENTS 


275 


Under the convention plan it was difficult for any person 
to become a candidate who was not in favor with' the party 
leaders, while under the primary-election plan any aspirant 
who can secure the proper number of signatures to his 
nominating petition may have his name placed upon the 
primary ballot, and upon the party ticket if he is successful 
in the primary election. 

Voting. This is usually done on a single day between 
sunrise and sunset. For the election of United States offi¬ 
cers a uniform day has been fixed by law, namely, the first 
Tuesday after the first Monday in November. Polling places 
are provided in charge of officers prescribed by state law. 
The voting is by ballot or by voting machines. Most of the 
states have adopted the Australian system of balloting, or 
some modification of it, in order to secure secrecy. By this 
system the voter, having been given an official ballot printed 
by the state and containing in parallel columns the names of 
all the candidates to be voted for at that election, with the 
party emblem, a circle, and the name of the party at the top 
of each column, enters a closed booth or room, alone. If he 
wishes to vote for all the candidates of his party (that is, a 
’'straight ticket”), he places a mark in the circle at the top 
of the column containing their names. If, on the other 
hand, he wishes to vote for one or more candidates from 
other parties than his own (that is, a "split ticket”), he 
places a cross opposite the name of each candidate for whom 
he wishes to vote. He then hands the ballot to the proper 
officer for deposit in the ballot box. If the officer in charge 
of an election, or even a bystander, thinks that the voter 
does not possess the necessary qualifications, he may ques¬ 
tion his right to vote. This is called challe 7 tging. The 
person challenged must then swear in his vote; that is, 
take an oath that he is entitled to vote at that election. In 


276 


SCHOOL CIVICS 


New York illegal voting is punishable by a period of im¬ 
prisonment from three months to a year in length, and for 
certain offenses of this nature an additional penalty is pro¬ 
vided depriving the convicted person of the right of suffrage 
for a period of five years after conviction. In New York 
and in Florida betting on elections is forbidden by law. 

Election. After the election the voting places are closed 
and the election officers count, or canvass, the votes. If the 
number of ballots does not agree with the list of voters, 
then it is the custom to draw out of the box the number in 
excess. Sometimes, especially when voting for the officers 
of the larger divisions of the state (as the county or the 
congressional district), or of the state itself, the votes are 
canvassed by two or three sets of officers. In most of the 
states a plurality only is necessary for an election. By plu¬ 
rality is meant the excess of the number of votes cast for 
the leading candidate over those cast for each of his com¬ 
petitors in cases where there are more than two candidates 
and no one receives a majority of the votes. Thus, if A 
gets 450, B 300, and C 250 votes, out of a total vote of 
1000, A is said to have a plurality over his competitors. In 
several of the New England states a majority (that is, at least 
one over half of the total number of votes cast) is necessary 
to elect. It very often happens that a person is elected on 
a plurality vote who is really the choice of but a small part 
of the voters; on the other hand, under the New England 
system it may be necessary to resort to a new election, no 
candidate having the necessary number of votes for a choice. 

The Legislature: Organization. The members of both 
houses of the state legislature are chosen by popular vote, 
usually from districts equal in number to the members of the 
respective houses. The basis of representation, therefore, 
does not differ in the two houses, except that the senators 


1. To vote for a candidate on this ballot make a cross X mark in one of the squares or in 
the place at the left of his name. 

2 . To vote for a candidate not on this ballot write his name in a blank space under the 
candidates for that office. 

3 . Mark only with a pencil having black lead. 

4 . Any other mark, erasure, or tear on the ballot renders it void. 

5 . If you tear, or deface, or wrongly mark this ballot, return it and obtain another. 


1 1 . GOVCKNOR fVoH l« «M>. | 


[Ai 

MARTIN a 

LJ 

□ 


CHARLS* R WHITWAM................R„,||||ii 



PRKDRRICR K DATRKPORT. .. 


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eOBTATK A KTRKaKR.. 7 .. 

■■■ 


MU 



wiLUAM mna . 


JAMIS T. wwm.. 


2. 

LtEUTEHANT GOVERNOR (Vou lor «m 

t- 

= ★ = 


THOMAS B UKirwoOO.. 

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kdwabd scHoemcK . 

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CHAUNCeV s MAMUH .. 


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STCPMCN 1 HANONCT. 


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CMARLRS R WRLCH .. 

- ►'•Utao— 

— = 


JRCHIAM D CROWLrr . 




3. 

SECRETARY OF STATE (V«u lev 


★ LA 


MITCMEIX MAY . 

luTErt 



PRAMOB a Hveo.... 


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SYONCT W STKBM... P.'»Y»'irN»» 



PI.OReNCC CROSS RTTCHELT. 


- - 4 — 






— — 


eOMUNO MOONKUS . 

..BmN US*. 








5. 

treasurer <V«u l«r 

-★ 


ALBERT C. CARP ..Dnsmat 



JAMES 1. WKLLR...braH.c» 

Ml.A 






A- 


COWARD A PACRCR .. r iMr 

— ty— 


ANTHONY HOUTEMBRINR...... WM 



6. 

ATTORNEY GENERAL (V«w tar 


= ★ — 


lAMKr A PARSONS... 




BCBtlRT E VOODBVBV ..... 

. R^raALun 



RORRRT M CLDRR_........ 


= k = 


PRSDUUCS NAi_i-g» . 


A= 


WALTCR T. BUM. 

.PriMtWn. 



COWARD A OVALLET_ 

. UR Ub*» 



iOMH HALL .. 


iHMi 


7. STATE ENGINEER AND SURVEYOR <V«w tor mtt 

★ — 

















VLADCMIR KARAPKTOPP .Bku(W 





-A— 







— ^ — 



10. RSPRZSXKTATIVE IH CONGRESS (or • 




JOHMSKCLCT ___ 


HAUrv U. PRATT.. 


JOMAS R VAN DUZSa... 


HILO (HAMIU .. 


11. 

TATE SENATOR (V«u t« (M>. 



.-. istjss 



MORRIS R HALUDAY.... . R^«>it,iini 

- V \- 


OILBCRT E PVRPLS- .. P«»tiiii 



WILUAM R R CLAPP.. IrN.fcK 

— 4 — 


CARSnrt A PHILUPB . .. Pti^U^. 



12 . 


MBinER or ASSBHRLY (V«m tar « 


wm. 


M- 


PRANK A RSCKNT .. 


JOHN %V PRDWKK.. 


BUNK R CVWIAAM .. 


lOSZril 6 ROTH . 


8. ASSOCIATE JUDGE COURT OF APPEALS (Vmc hr «M). 


13. SHERIFF (V«tr tor «w). 

★ 1.^. 


CHARLIE CRXSH ..Ju-TC^ 

★M?i 


&AMUEL SRARWY .. i 




CHARLES A HACRSV... tcpUlMw 



EMORY A CHARS.....IUrWrt.cn 


-E0^ 


PUD TAM RTSM....... Prap.Wi. 

-k- 


LOW B BOOWM.. BtiiRw 


k 


CDWARD CALKV ... .SmaU- 

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OOLERtOeS A HART... . PrebAnn 




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CDMVMD SCtDCL ___ toaal LUc< 




4. 

COMPTROLLER <V«H tar oim) 



WILUAM tOHHER... ] 



EUCKNl H TRAVIS ... R'ruM-c"' 



JOHN B BURNHAM ... Pr»crm>.. 

= k - 


CHARLES W HOONAH .. SnuUx 

-A= 


HCIL D CRANMKR ..... P'obUM’^ 



CHARLES S RONS ..Sml Ute' 


- 


9. 

JNITED STATES SENATOR <Vm« f«r «m). 

★ 1 i4 


JAMES W GERARD... . j 



JAMES W WADSHORTK JR. JUrabben 

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BAINERIOOC COLRY .. Pr««rartr.. 



PRANCIS R BALDWIN.PrabUnn 



ERWIN A ARCHER .. S«Maa Labar 



14. SVrCRlNTEMDENT OF THE POOR (V«u l< 








P R HAOLST... 


WALTVR NSKm. .. 


nSD N SMITH .. 


lORDH ) OVIMN .. 


MBRHAM C KINO .. 


Sample Australian Ballot used in New York State, 

November, 1914 


277 




















































































































































































































































2/8 


SCHOOL CIVICS 


are elected from larger districts. Otherwise the houses differ 
merely in the number of members, the length of term, and 
their special duties. The state senates now consist, on the 
average, of about thirty members. Nevada has the smallest 
senate, numbering twenty-two members ; Minnesota the 
largest, numbering sixty-seven. In most of the states the 
term of the senator is longer than that of the represent¬ 
ative, ranging from two years to four. In most of the 
states also the senate is only partially renewed at each elec¬ 
tion, so that this body possesses a continuity which the other 
house lacks. Some of the states also fix a higher age quali¬ 
fication for the senator, and until 1897 Delaware imposed 
a property qualification. 

The Lower Houses. In general the lower houses are about 
three times as large as the senates, but the size of the houses 
varies greatly from state to state. In the states of the West 
and South the houses are generally smaller than in the other 
states, particularly the states of New England, where the 
stronger local sentirrient demands representation for smaller 
districts. The length of term varies from one year to four, 
most of the states electing for two. Except for a lower age 
qualification and a shorter period of residence for represent¬ 
atives, the qualifications for members of the two houses are 
essentially the same. The requirement that both senators 
and representatives shall be residents of the districts from 
which they are elected is made in some states by the consti¬ 
tution, and everywhere by custom. 

Sessions. In most of the states the sessions of the 
legislature are biennial.^ Only six states (Massachusetts, 
New York, New Jersey, Rhode Island, South Carolina, and 
Georgia) now hold annual sessions ; among them, naturally, 

1 In some of the Southern states the legislature regularly meets but 
once in four years. Alabama affords an example of this custom. 


STATE GOVERNMENTS 


279 


are those which hold annual elections for members of the 
legislature. In most states also the length of the session 
is limited, usually to sixty days, but in three states (South 
Carolina, Wyoming, and Oregon) to forty. The governor 
may, however, convene the legislature in extra session, 
either on his own initiative or at the request of a certain 
proportion of the members. 

Procedure. In organization and procedure the state 
legislature is very similar to the national. The lieutenant 
governor, wherever provision is made for such an officer, is 
usually the presiding officer of the senate. The speaker, as 
the presiding officer of the house is called, is chosen by the 
members, usually by a majority of the majority party in 
the house. In most of the states a majority of the members 
of each house constitutes a quorum. As in the national 
legislature, there are regulations securing to the members 
freedom of speech in the house and exemption from arrest 
during the session, and providing for the expulsion of 
members by a two-thirds vote, for adjournment, for the 
keeping of journals, for the judging of elections of mem¬ 
bers, for the reading of bills, etc. The committee system 
is in use in all the states, and in most of them measures 
must be approved by at least one half of all the members 
of both houses before they are submitted to the governor. 

Restrictions on Powers of Legislatures. We have already 
seen (pp. 143-146) that under the federal constitution the 
states possess all those powers not delegated to the United 
States by the Constitution nor prohibited by it to the states. 
The powers of the states are not, like those of the national 
government, delegated powers, nor do any of the state 
constitutions expressly delegate powers to their legislatures. 
Except where specific limitations have been imposed upon 
it, the state legislature has power to deal with any subject 


28 o 


SCHOOL CIVICS 


coming before it. The people of the states have, however, 
shown a growing jealousy of the powers of their legislatures 
by placing upon them various important limitations and pro¬ 
hibitions. Upon certain subjects, varying from state to state, 
the legislatures are forbidden to pass any measures at all. 
Mr. Bryce classifies these forbidden measures as follows : 
(i) statutes inconsistent with democratic principles (for ex¬ 
ample, those granting titles of nobility or creating a property 
qualification for suffrage or office); (2) statutes against public 
policy (for example, those tolerating lotteries, impairing the 
obligation of contracts, etc.); (3) statutes special or local in 
their application; (4) statutes increasing the state debt beyond 
a certain limited amount or permitting a local authority to 
increase its debt beyond a prescribed amount. In addition 
to these prohibitions upon legislation, the constitutions im¬ 
pose also a number of restrictions as to the treatment of 
bills, the majorities necessary to pass certain bills, the method 
of voting, the reading of bills, and the intervals between 
readings, as well as regulations against changing the pur¬ 
pose of a bill during its passage, and rules requiring that 
only one subject be included in a bill and that that subject 
be expressed in the title. 

Special Powers of the Houses. In most of the states each 
house possesses special powers. The power of impeachment 
belongs to the lower house, but the senate acts as a court 
for the trial of impeachment cases. A two-thirds vote is 
usually required for conviction. The senate also possesses 
the power of confirming appointments made by the gov¬ 
ernor. On the other hand, the power of originating money 
bills resides, in a majority of the states, with the lower 
house. In Vermont the power of proposing amendments to 
the constitution is given to the senate alone; in Connecticut, 
to the house. 



New York State Education Building, Albanv (above;, and 
A Public School (below) 

The State Education Building is devoted to the administration of the 
educational affairs. The lower picture shows one of the fine public schools 
to be found in nearly every city of the country 





























282 


SCHOOL CIVICS 


The Executive: its Character. The organization of the 
executive power of the states differs very materially from 
that of the federal government. We have seen that the 
president is the real executive head of the nation. In him 
the chief executive authority is vested, and to him are 
responsible the officials who administer the federal law. 
He appoints them, and he may at any time remove them 
for cause. In other words, the executive authority of the 
nation is centralized. In the states, on the other hand, it 
is very much decentralized. The relations existing between 
the governor and the other principal administrative officers 
of the state are very different from those existing between 
the president and his cabinet. As a rule these state offi¬ 
cials are not the governor’s appointees. They are usually 
elected either directly by the people or by the legislatures 
and are nowise responsible to the governor. Their duties 
are prescribed either by the constitutions of their states or 
by statute, and they are removable only for just legal cause. 
They are not the governor’s subordinates or agents; they 
are his colleagues. Moreover, it cannot even be said that 
the governor and the other central administrative officials 
together make up the whole of the state executive. The 
power is still further shared by a large number of local 
officials (county, town, and municipal officers), who, though 
they execute state law, are so little responsible to the central 
executive authority that they are not usually regarded as 
state officers at all, but only as officers of their districts. 
Neither the governor ^ nor any one of his colleagues, with 
the possible exception of the superintendent of education, 
exercises any real control over the local authorities by whom 
the laws are actually administered. 

1 In some states the governor may remove county officers and the 
mayor and higher city officers. 


STATE GOVERNMENTS 


283 


The Governor. In spite of this diffusion of executive 
power, however, the position of the state governor is by no 
means insignificant. If he is only a " piece ” of the execu¬ 
tive, as he has been called, still he is a very important piece. 
Though he has no real control of the other executive officers 
and administrative boards, still he has general oversight of 
them. He has some power of appointment, though this 
power is not very extensive. As commander in chief of the 
state militia it is his duty to see that order is preserved 
within the state and to repel invasion in case such occurs. 
The governor also has the power, under certain restrictions, 
to grant reprieves and pardons to persons convicted of crime. 
His most important duties, however, are those which have 
to do with the legislature and which give him some con¬ 
trol over legislation. At the beginning of each session he 
sends a message to the legislature for the purpose of inform- 
» ing the lawmakers of the condition of the commonwealth 
and of recommending such measures as he deems neces¬ 
sary. In case the houses fail to agree on the time of 
adjournment, he may adjourn them. In most states, also, 
he may call special sessions, either with or without the 
request of a portion of the legislature. Most important of 
all, however, is his power of vetoing measures that he does, 
not approve — a power given him in every state except two,. 
Rhode Island and North Carolina. Bills may, of course,, 
be passed over the governor’s veto, by majorities varying 
widely in the several states. In many of the states the 
governor may veto particular items in appropriation bills; 
other bills must be approved or disapproved entire. 

The Governor's Colleagues. In addition to the governor 
all the states have a number of other central executive 
officers, though not all the states have exactly the same 
ones. Many of them have lieutenant governors who succeed 


284 


SCHOOL CIVICS 


to the governorship in case the governor is for any reason 
incapacitated. All of them have secretaries of state and 
all have treasurers. Nearly all have attorneys-general. Most 
of them have superintendents of education, though some 
have boards of education instead. Some have auditors; in 
others the auditors’ duties are performed by comptrollers. In 
three of the states (Maine, New Hampshire, and Massa¬ 
chusetts) there exist governor’s councils. The secretaries 
of state keep and affix the seal of the commonwealth and 
keep all state records. The treasurers have charge of the 
public funds, which they pay out only on warrants issued 
by the auditors or comptrollers. The auditors or comp¬ 
trollers have general supervision of state finances. Like 
the national secretary of the treasury, they present to the 
legislatures estimates of the amount of money needed for 
state purposes, though the state legislatures in general feel 
themselves • even less bound than does Congress by such 
recommendations. The attorneys-general are the legal ad¬ 
visers of the states and conduct all state cases before the 
courts. The superintendent of education oversees the edu¬ 
cational system of the state, often apportioning the school 
moneys and deciding disputes involving school authorities. 
In addition to these central executive officers, there are in 
many of the states various departments in charge of super¬ 
intendents or boards — for example, departments of health, 
of labor, of agriculture, and of charities and correction. In 
most cases these departments have not yet been given suf¬ 
ficient power to render their control effective, and a large 
part of the duties which naturally belong to them are still 
under local control. 

Election, Terms, and Qualifications of Executive Officers. 

Not only the governor but the other central executive offi¬ 
cers as well are chosen by direct popular vote over the whole 


STATE GOVERNMENTS 


285 


state. The terms vary in the different states. In general 
the terms of the other principal officers are the same as 
that of the governor and lieutenant governor. In most of 
the states the term is either two or four years; occasionally, 
however, one or three. Most of the states prescribe certain 
minimum qualifications, covering age, residence, and citi¬ 
zenship, which always apply to the governor and lieutenant 
governor and generally to the other most important officers. 
All these officials are removable by impeachment. 

The Judiciary. Justice in the states is administered 
through a system of courts which exist quite independently 
of federal law. The two systems of courts, federal and 
state, are entirely separate, so that for cases falling within 
their jurisdiction the decision of the state courts is final. 
Only in cases involving federal law or in cases in which the 
nature of the parties to the suit is such that no state court 
has complete jurisdiction (for example, suits between citizens 
of different states) does an appeal lie to the federal courts. 

The System of Courts. The judicial systems of the differ¬ 
ent states vary so considerably that only the most general 
description is applicable to all of them. Usually there are 
four grades of state courts. The lowest are those presided 
over by justices of the peace and having jurisdiction over 
petty civil and criminal cases. Their decisions are almost 
always subject to appeal to higher courts. Next above them 
stand the county or municipal courts, which hear appeals 
from them and have original jurisdiction in civil cases 
where the amount involved is large and in criminal cases 
of the graver character. Next come the superior courts, 
called also circuit or district courts, which hear appeals 
from the lower courts and have original jurisdiction of the 
most general character in both civil and criminal cases. 
The highest court in the state is usually the supreme court. 


286 


SCHOOL CIVICS 


In most of the states its jurisdiction is only appellate, 
though in a few of the older states it has original jurisdic¬ 
tion as well. In five of the states (New York, New Jersey, 
Louisiana, Kentucky, and Illinois) there are courts higher 
than the supreme court, called courts of appeal. 

Special Courts. In addition to these, some of the states 
provide special courts for the trial of cases in equity (cases 
arising out of grievances for which the common law fur¬ 
nishes no remedy). Usually, however, instead of providing 
special courts, the states have given jurisdiction over such 
cases to one or more of the regular courts. Much more 
general is the special probate court, whose business it is to 
see to the disposition of the property of deceased persons. 
In many states, however, this function is also performed by 
the ordinary courts. 

Judges. The judges of most of the state courts, both 
higher and lower, are elected—those of the supreme court 
usually by the people of the state at large; those of circuit, 
county, municipal, and other courts, by the electors of the 
area in which they serve. In some states, however, the 
higher judges are chosen by the legislature ; in a few others 
they are appointed by the governor with the advice and 
consent of the senate; and in three of the New England 
states they are appointed by the governor and council. 

The Term of Office. In the different states the term of 
office varies from two years to tenure during good behavior. 
In general the higher judges hold office for longer terms 
than do the lower ones. Justices of the peace are usually 
elected for two or four years, circuit judges for four or 
six years, supreme judges for eight or ten. Most of the 
states impose an age and residence qualification upon 
candidates for judgeships, and some require tests of legal 
fitness also. 


STATE GOVERNMENTS 


287 


State Finances. The state government, like the national 
government, cannot exist without money. The power to tax 
the people of the state is therefore vested in every state 
legislature. "Although the budget of the state is not large 
in proportion to the wealth of its inhabitants,” a consider¬ 
able revenue is required, not only to pay the officers and the 
militia but to sustain the various enterprises in which the 
state is interested, such as asylums and institutions for 
the unfortunate, schools, canals, and the like. If the state 
is in debt some of this revenue goes toward paying the 
principal and interest of its bonds. 

Taxes. State taxes usually take the form of direct taxes 
on real estate and personal property or, in some cases, on 
collateral inheritances. A few states impose a poll tax, 
which is often a prerequisite for voting. Almost every state 
in addition imposes certain indirect taxes. Such are the 
taxes on particular trades or occupations, which sometimes 
take the form of license taxes ; or the taxes on franchises, 
that is, the right to operate railroads, etc.; or, again, taxes 
on railroad stock. 

Exemptions. Certain properties are exempt from taxation. 
Among these are public buildings, since they are used for 
public purposes and it is for such purposes that taxation is 
levied; institutions or societies for the improvement of the 
people, such as schools, churches, charitable institutions, and 
agricultural societies; the necessary implements of the farmer 
or mechanic; and United States securities. In some states, 
possibly with the idea of encouraging thrift and industry, the 
law exempts from taxation the deposits in savings banks. 

Assessment. The first step toward raising revenue by 
direct taxation is assessment. Certain local officers, known 
as appraisers or assessors, chosen by the local governments 
but acting under state laws, ascertain the value of the real 


288 


SCHOOL CIVICS 


estate and personal property of the various localities. As 
the contribution of the communities is based on this valua¬ 
tion, it is to their financial interest to put it as low as pos¬ 
sible and thus to avoid their share of the state burdens. To 
correct abuses of this sort many states have a state board of 
equalization for the purpose of having the taxable property 
of the localities equally and fairly valued. Their work is 
sometimes supplemented by similar county boards. Many 
states have also taken the assessment of certain sorts of 
widely diffused property (for example, banks, railways, and 
telegraph and telephone lines) out of the hands of the local 
assessors, and have established boards of state assessors to 
deal with them. 

Apportionment and Collection. When the state has deter- 
mined the amount to be raised, it is apportioned throughout 
the state according to the amount of taxable property as 
determined by the returns received from the assessors. The 
amount to be raised is divided by the amount of taxable 
property, and the per cent obtained constitutes the state tax 
rate. With the valuation of the county property before them, 
it is easy for the county officials to ascertain in a similar 
manner the county rate, and the town officers the town rate. 
State, county, and town taxes are usually paid in one sum. 
When the collector receives the taxes the town officers re¬ 
tain the part raised for town purposes and send the remainder 
to the proper county officers, who similarly retain the county 
taxes and remit the rest to the state authorities. Indirect 
taxes are usually paid directly to state officials. 

Restrictions upon Taxing Power. Various restrictions have 
been imposed upon the states by their constitutions in this 
matter of raising and spending money. " Taught by sad 
experience of reckless legislatures,” the people limit the 
amount that may be raised annually by taxation. Sometimes 


STATE GOVERNMENTS 289 

this limitation takes the form of a requirement that the sum 
raised shall be no more than sufficient to meet current needs. 
In their fear of state indebtedness they have limited the 
amount that may be borrowed, sometimes to an absolute sum, 
sometimes to a certain percentage of the assessed valuation 
of the taxable property. They have, besides, forbidden the 
state to contract debts without immediately providing a sink¬ 
ing fund to discharge the obligation. Similar restrictions 
also exist to prevent indiscriminate borrowing on the part 
of the local governments under state jurisdiction. 

Education. One of the most important functions intrusted 
to the state governments is the maintenance and control 
of the public-school system. In this work of educating the. 
masses — a work so important under a republican form of 
government — the national government, by extensive land 
grants, has aided the states most liberally; but it has left the 
control of the public schools, both elementary and higher, 
to the states. 

The School System. The earliest public schools were 
organized not by the states but by the localities that desired 
them, and they formed no part of any system. Gradually, 
however, as the need for better organization, better instruc¬ 
tion, and greater uniformity became apparent, the states be¬ 
gan to regulate public education by law. At first there were 
no state school officials and the attempt at state control was 
to a great extent ineffective. Now, however, the schools are 
everywhere completely regulated by state law, though the law 
is still administered for the most part by local officers. In 
each state the law determines, among other things, what shall 
be the administrative unit for the school system — county, 
town, or district; prescribes a minimum list of subjects to 
be taught; fixes a minimum school year; and lays down the 
requirements which must be met by the teachers of the state. 


290 


SCHOOL CIVICS 


Various Grades of Schools. In all the states various grades 
of schools are maintained. The common schools (sometimes 
called district schools and graded schools) furnish facilities 
to everyone desiring an elementary education; high schools 
and academies give instruction in the academic branches and 
prepare for college; while a higher education is to be ob¬ 
tained in colleges and universities, many of which are sup¬ 
ported wholly or in part by state funds. Most of the states 
of the West maintain at least one state university, where 
tuition is free to its citizens. Many states have also estab¬ 
lished technical and agricultural schools and colleges for the 
purpose of increasing the industrial efficiency of their citizens. 
The states also endeavor to secure the best instruction possible 
by creating normal schools for the training of teachers and by 
fixing tests for the candidates for positions as teachers. 

State Administration of Schools. In nearly every state 
in the union the educational system is under the general 
supervision of a state board of education or a state superin¬ 
tendent, or both. These officials are chosen in various ways 
in the different states, though the boards are perhaps more 
.frequently appointed by the governor or by the legislature, the 
superintendents more often elected by the people. It is the 
business of these officials to interpret and enforce the school 
laws; to care for the state school funds; to attend to the 
examination of teachers, except where that duty has been 
intrusted to county boards ; and in some cases to select the 
textbooks. It is their duty also to study educational methods 
and to keep themselves generally informed in regard to 
educational matters, with a view to improving as rapidly as 
possible the schools of their state. 

Local Administration of Schools. Below these state offi¬ 
cials there are usually county boards of education and county 
commissioners or superintendents. The examination of 


STATE GOVERNMENTS 


291 


teachers is usually conducted by these boards under state law. 
The county commissioners or superintendents are charged 
with the duty of visiting and inspecting the schools and dis¬ 
tributing the school funds among them. In the rural sections 
school law is administered by officers, usually called trustees, 
chosen for a term of three years by the people of either the 
school district or the township. Cities have, under state laws 
of course, their own separate school systems, administered 
by their own boards of education and by city superintendents. 

Compulsory Education. Many states regard an elementary 
education as a matter so important, and so closely connected 
with the stability of republican institutions, that they have 
enacted laws compelling the attendance, for a certain length 
of time each year, of all children between certain ages. 

Initiative and Referendum. As a check upon state legis¬ 
latures, resort is had to the initiative and referendum. By 
initiative is meant the right of the people to propose a law 
to the legislature, and by referendum is meant that before 
an act passed by the legislature becomes a law, it shall first 
be submitted to the people and decided by popular vote. 
Amendments to the state constitution, and public improve¬ 
ments involving large expenditure of public funds, have 
generally been submitted to popular vote. The principle of 
the referendum has, in various ways, been recognized from 
the early beginnings of government in this country. The 
principle is further recognized in referring such questions 
as local option, municipal ownership, the incorporation of 
villages and cities, amendments, revisions and adoptions of 
state constitutions, and similar questions to the people to 
decide at the polls. South Dakota, Oregon, and Oklahoma 
provide in their state constitutions or by statute for a system 
of direct legislation by this means. The tendency of modern 
times is in the direction of the initiative and the referendum 


292 


SCHOOL CIVICS 


and toward direct-primary nominations for all public offices. 
A majority of the states now have primary election laws. 

Public-Welfare Laws. To protect those engaged in dan¬ 
gerous occupations, to safeguard the interests of women 
and children who must engage in harmful occupations, to 
assist widows with families, and to protect the public health, 
states have in recent years departed considerably from their 
traditional course in legislation. Some states have established 
an industrial commission and have created departments of 
labor, endowing them with extensive powers relating to the 
safety and health of the workers. State laws regulate the 
hours that men, women, and children may work in factories, 
stores, and other places of business. The state requires that 
these places be sanitary and free from dust, gases, and 
poisonous fumes, and that dangerous machinery be pro¬ 
tected. Railroads are compelled to install safety devices. 
Engineers, pilots of vessels, chauffeurs, and operators of 
moving-picture machines must have licenses issued by the 
state authorities. In some states the common towel and 
drinking cup are forbidden in stores, factories, schools, 
depots, and sleeping cars, and in other places where their 
use might result in spreading disease. The Workmen’s 
Compensation Act is one of the most notable of recent 
legislation. By this law workers who engage in various 
hazardous occupations and the families of such workmen 
are insured against loss of income through injury or death. 
Employers of labor in such occupations must insure their 
workmen as provided by the law, and it is one of the 
duties of the industrial commission in those states having 
such a commission to see that this is done. 

In some states laws provide for the maintenance of the 
home when death has taken the father and no income has 
been provided. Some states give to widowed mothers, if 


STATE GOVERNMENTS 


293 


there are children under sixteen years of age, a pension 
equal in amount to what it would cost the state to care for 
the children in an industrial home, and in this way help 
to keep families together. The theory of the states having 
such a law is that almost any kind of home is to be 
preferred to an institution. 

Some states have a public-service commission, which 
represents the interests of the general public in matters 
relating to railroads, street-car lines, and other common 
carriers — that is, corporations which carry on a freight or 
passenger traffic. This commission is concerned with the 
quality of service of such corporations, their switches, side 
tracks, passenger and freight rates, and various other 
matters relating to efficient public service at a reasonable 
cost. The commission also has under its care the interests 
of the general public in all matters relating to gas and 
electric-light corporations, telephone and telegraph companies, 
and their employees. The aim is to improve service at the 
least cost and with the greatest safety to the public and 
the employees of such companies. 

Agriculture. Supplementing the efforts of the United 
States Department of Agriculture, most of the states have 
organized a bureau, or department, of agriculture as one 
of the administrative branches of state government. This 
bureau, or department, is usually in charge of a commis¬ 
sioner of agriculture, who is either chosen by the legislature 
or appointed by the governor, or both. Where there is such 
a department, its aim is to improve the agricultural condi¬ 
tions of the state, and to this end it arranges for farmers’ 
institutes, held for the purpose of instructing farmers in the 
latest methods of agriculture. It also appoints butter and 
cheese makers to examine and inspect butter and cheese 
factories and to impart information as to the best methods 


294 


SCHOOL CIVICS 


of making and improving these products, and in some 
states it has supervision of the pure-food laws. By en¬ 
couraging the development of special products, like fruits 
and sugar beets, and by furnishing information as to soil 
analysis, the relative value of fertilizers, the rotation of 
crops, etc., the department has in many states materially 
advanced the interests of agriculture. The commissioner of 
agriculture in some states is a trustee of the state college 
of agriculture and works in conjunction with it for the 
benefit of the agricultural interests of the state, planning 
extension and correspondence courses, conducting experi¬ 
ments, arranging for winter courses especially adapted to 
the need of farmers, etc., all of which are free. 

Importance of State Government. As indicated above, 
the federal government left to the states all those powers 
not delegated by them to the nation nor forbidden by the 
Constitution to the states. How vital, then, are the issues at 
stake in our state elections! President Garfield said: "The 
state government touches the citizen and his interests twenty 
times where the national government touches him once. For 
the peace of our streets and the health of our cities, for 
the administration of justice in nearly all that relates to the 
security of person and property and the punishment of 
crime, for the education of our children and the care of 
unfortunate and dependent citizens, for the collection and 
assessment of much the larger portion of our direct taxes, 
and for the proper expenditure of the same — for all this, 
and much more, we depend upon the honesty and wisdom 
of our General Assembly [of Ohio] and not upon the Con¬ 
gress at Washington." When it is remembered further that 
all the important reforms that have agitated the people of 
England during the last century, with the possible exception 
of the corn laws and the abolition of slavery, would have 


STATE GOVERNMENTS 


295 


been proper objects for our state rather than our national 
government, the relative importance of good management in 
state affairs becomes apparent. 

Library References. Fiske, pp. 173-188; Hinsdale, chaps, xlix-liv; 
Bryce, Vol. I, chaps, xxxvi-xlv ; Wilson, §§ 885-994; Dole, chaps, xv- 
xvii, xix; Lalor, article on " Constitutional and Legal Diversities in 
States ” ; Woodburn, chap. vii. 

QUESTIONS ON THE TEXT 

1. In some states women, aliens, infamous criminals, paupers, 
idiots, minors, and lunatics are excluded from voting. Give reasons 
for or against the exclusion in each case. 

2. Give one reason why a legislature should consist of two 
bodies. Give a reason for the law requiring registration of voters. 

3. Give arguments for or against biennial sessions of the 
state legislature. Mention the different state courts. What is a 
police court ? 

4. Explain initiative and referendum in legislation. Is the 
principle new ? What is meant by public-welfare laws ? Discuss 
some of these laws. 

5. Describe the process of assessing property for the purpose 
of taxation, and show how the amount of money to be raised by 
each town is fixed. 

6. Mention three kinds of property that are usually exempt 
from taxation, giving reasons. Why has the state the right to 
impose taxes ? May a state levy and collect an income tax ? 

7. What is meant in general by a compulsory-education law ? 
Why is such a law desirable ? 

8. What government touches the individual the more frequently 
— city, state, or national.? Debate this question. 

9. Under what circumstances may cases be transferred from 
state to federal courts ? 

10. If legislation on any subject is desired by citizens of the 
state, how is the attention of the legislature secured? 


CHAPTER XIX 


LOCAL RURAL GOVERNMENT 

Types of Local Government. For convenience and effi¬ 
ciency in local affairs, states are variously divided. All have 
counties and cities, and many counties are still further divided 
into towns. All these subdivisions of the state are created 
in the same way, namely, by an act of the state’s legislature. 
These various subdivisions are charged with the responsibility 
of administering the state law within their respective boun¬ 
daries and with the oversight and development of certain 
things which the state desires to have done, and which must 
be done in accordance with state law. A county may include 
both towns and cities, and a city like Chicago or Greater 
New York may even include one or more whole counties. 
The things which a county or a town or a state may do and 
the things which it is expected to do are defined by the law 
which establishes each of these subdivisions. However, the 
activities and duties of the town and the county, the number 
of officers to be chosen, the service to be rendered by each, 
etc. are set forth in the general law which applies alike to 
all counties and to all towns, as the case may be, within the 
state. As a rule the law which creates a city is a special act 
and is applicable only to the city named in the act. Such 
a law is called a charter and defines the territorial boundaries 
of the city, names its officers and their duties, states how 
these officers are to be chosen, provides for the raising of 
taxes, establishes the departments of city government, — 
police, fire, health, finance, justice, education, etc.,—and 

296 


LOCAL RURAL GOVERNMENT 


297 


specifies many other details. This custom, however, has of 
late been materially modified by the classification of cities 
according to their population into first, second, and third 
classes, each class having a uniform charter. Local govern¬ 
ment in the city, town, and county is largely concerned with 
the enforcement of state law within the boundaries of these 
subdivisions and with the enforcement of ordinances passed 
by common councils and town and county boards. However, 
they have under their immediate supervision the maintenance 
of schools, roads, and bridges, the care of the poor and of 
public health, public safety, and public records, and many 
other duties. 

In addition to the city government there are, as we saw 
in Chapter III, three types of local government — the town 
(or township) type, the county type, and the mixed, or county- 
township, type, which differ with the section of the country. 
In the New England States the local government is the town 
government; in the South the county is the characteristic 
unit; elsewhere the mixed system of town and county 
government prevails, with considerable variety of form. 

The Town System. Since in the early history of our 
country there were no cities, all government was rural gov¬ 
ernment. The form of rural government adopted then has 
changed less in the course of our development than any other 
form. For an account of the origin and history of this form 
of local government, see the paragraph on " The Town in 
New England” and that on "The Town Meeting,” in 
Chapter III. The characteristic feature of town government 
is the town meeting, or general assembly of the voters of 
the town, which is held annually in some states, biennially 
in others, oftener if summoned, and generally in the spring. 
Notice of the time and place of meeting and the business 
to be considered must be given at least ten days before the 


SCHOOL CIVICS 


298 

meeting occurs. At the town meeting laws necessary for 
the government of the town are passed, officers are elected, 
reports are received, accounts are audited, and the money 
required for current expenses is voted and appropriated to 
such local purposes as seem to the voters most urgent. In 
general the town meeting manages all local affairs pertaining 
to the town. 

Town Officers. The general executive officers of the town 
differ somewhat in the different sections of the country. In 
New England there are officers called selectmen, varying in 
number from three to nine. In addition to these there 
are usually also the town clerk, who is custodian of the town 
records and clerk of the town meeting, and who sometimes 
records births, deaths, and marriages; a treasurer, whose 
duties are suggested by his title ; assessors, who appraise 
property and make out the assessment roll which forms the 
basis for the raising of taxes; a collector, whose duty it is 
to collect the taxes; a school committee or board of school 
directors; surveyors of highways; constables (rural police 
officers); and justices of the peace (rural judges), who try 
petty offenses committed within the township against both 
persons and property within the township. Where local 
needs demand, there are also such officers as cemetery and 
library trustees. In some sections of the country the chief 
executive officer of the township is called a supervisor, who 
also acts as town treasurer and represents the town on the 
"county board.” There is also in some states a "town 
board ” made up of the supervisor, the town clerk, and two 
or more justices of the peace. When there is such a town 
board, it serves as a board of audit, the accounts which it 
audits being a legal charge against the town. Some towns 
appoint overseers of the poor, whose duty it is to provide 
for the destitute. Where towns are subdivided into election 


LOCAL RURAL GOVERNMENT 


299 


districts, election inspectors are either elected at the town 
meeting or appointed by the town board. Sometimes 
this duty is divided between the town board and the 
town meeting. 

The County in New England. In New England the 
really vital force of local government is the town. The 
county exists in these states, but its functions are compara¬ 
tively unimportant. It is first of all a judicial district and 
elects the necessary judicial officers. The chief administra¬ 
tive officers are the county commissioners and the county 
treasurer. Their principal duties are the care and mainte¬ 
nance of the county buildings, courthouse, prison, etc.; the 
issuance of certain licenses; the care of the intertown roads; 
and the apportionment of the county tax among the towns. 

The County in the South. In the South the unit of local 
government is the county. It exercises not only the judicial 
and other administrative functions that fall to the county 
in New England, but also most of those that belong to the 
New England town. The principal officers are the county 
commissioners, county treasurer, auditor, supervisor of roads, 
supervisor of education, and supervisor of the poor. The 
county also has a full complement of judicial officers — a 
sheriff, whose business it is to keep the peace of the county 
and arrest lawbreakers; a clerk, who is the custodian of 
the records of the county ; a surrogate ; a coroner; and the 
state’s attorney. Sometimes there are also assessors and 
collectors of taxes. County officers are nearly all elected 
by the people, usually every two or four years. 

Subdivisions of the Southern County. Though the county 
is the unit of local government where the county system 
prevails, it is usually subdivided, the divisions varying in 
different states both in name and in character. In a few 
Southern states they are called townships and do not differ 


300 


SCHOOL CIVICS 


appreciably from the townships in the middle and Western 
states. But nowhere is there anything corresponding to the 
New England township, with its primary assembly or town 
meeting. The officers of these subdivisions of the county 
exercise their powers for the most part under the control 
of the county authorities. Most important among these 
are the local school officers. It has been pointed out that 
where the township system is growing up in the South, 
it is developing out of the school organization, and that 
thus the school is there becoming the nucleus of local 
self-government, as the church was in New England two 
centuries ago. 

The Township-County System. The township-county 
system in use throughout the middle and northwestern 
states presents many variations. Under this plan the local 
governments of county and town are much more thor¬ 
oughly integrated than in either New England or the 
South, but the system still presents two main types, one 
of which emphasizes the importance of the town and the 
other that of the county, according to the extent to which 
the township system has been adopted. Where the town¬ 
ship has vigorous life of its own, there the town meeting 
is found exercising very real powers, if somewhat less ex¬ 
tensive than those of New England. Where it is less 
developed, there is no town meeting — only the popular 
election of officers who constitute the executive machinery 
of the town. In general the number and character of 
township officers vary with the degree of development 
attained by the township system. The less-developed 
township elects fewer officers. The selectmen of the 
New England town have been replaced in some states 
by supervisors, in others by trustees. Sometimes one and 
sometimes more are elected in each township, and they not 


LOCAL RURAL GOVERNMENT 


301 


infrequently are assigned duties that in the New England 
township are performed by several different officers. 

The County in the County-Township System. Wherever 
the importance of the township has been emphasized in 
the county-township system, the county as a unit of local 
government has necessarily declined; but the county under 
the county-township system is still everywhere vastly more im¬ 
portant as a unit of local government than in New England. 
Its organization and functions vary widely. Sometimes its 
central administrative authority is a board composed of 
supervisors of the townships; sometimes it is a board of 
three or more elected directly by the people of the county. 
The county in the township-county system is officially charged 
with the duty of caring for the poor, with the general over¬ 
sight of the township’s expenditures, and with the business 
of tax equalization. 

The County as a Unit of Local Government: its Im¬ 
portance. The importance of the county as a unit of local 
government is sometimes underrated, and its relation to the 
state government is not always understood. In most states 
the state looks to the county for the preservation of the 
peace, the punishment of violators of the law, the adjust¬ 
ment of property rights between individuals, the construc¬ 
tion and care of state highways, and the supervision of the 
elections and of various other important matters differing 
in the different states. The county surrogate, or probate 
judge, as he is called in some states, has to do with the 
adjustment of wills and estates of the deceased ; the county 
clerk records deeds, mortgages, liens upon real property 
(for example, houses and land), and, in some states, mort¬ 
gages on personal property (cattle, crops, furniture, imple¬ 
ments, etc.), called chattel mortgages. The county judge 
tries important civil and criminal cases against persons and 


302 


SCHOOL CIVICS 


property within the county. The sheriff arrests violators 
of the state law and county ordinances, has charge of the 
county jail, and maintains order; if he is resisted by a 
superior force, he may call upon the able-bodied men of 
the county, who are then sworn in as deputy sheriffs, and 
constitute the posse comitatiis, or he may call upon the 
governor of the state for assistance from the national guard. 
The county has a state’s attorney, or district attorney as he 
is usually called, who prosecutes, in the name of the people 
of the state or county, violators of the state law within 
the county. The county treasurer receives the money raised 
by taxes for the support of the county government and 
enterprises, and in some states receives and distributes state 
money due the various units within the county (for example, 
state aid for schools, highways, etc.). In some states the 
poor are cared for on county farms, and certain other 
classes of unfortunates are also cared for by the county. 
In some states, county-farm schools are maintained where 
neglected and delinquent children are trained in agriculture 
and the mechanic arts. The erection, care, and maintenance 
of county buildings, the purchase of real estate in the name 
of the county, the construction and care of certain highways 
and bridges, and various other matters are attended to by the 
county officers, who, in some states, are called the board of 
supervisors or commissioners. The exact scope of this work 
differs in different states. For the neglect of, or refusal to 
perform, their duty county officers may be removed by the 
governor in some states. The present trend toward " home 
rule ” cannot but help magnify the importance of the county 
as a unit of local and of state government. 

Library References. Macy, pp. 12-19; Fiske, pp. 54-57, 73-74, 81- 
94; Hinsdale, pp. 397-405 ; Bryce, Vol. I, chaps, xlviii-xlix; Wilson, 
§§ 995-1028; Dole, chap. x. 


LOCAL RURAL GOVERNMENT 


303 


QUESTIONS ON THE TEXT 

1. How are counties formed ? towns ? school districts ? 

2. Discuss the present importance of the town as a unit of 
government. 

3. Mention the legislative body of a county. Give the chief 
executive officer and his duties. 

4. How are the poor provided for by different localities ? 

5. Is there any good reason why county officials should be 
partisans ? What proportion of their duties relate to political 
policies ? Is administrative ability essential ? 

6. Give illustrations of the exercise of federal government, 
state government, and local government in your own town or 
city. Of which government do you observe the most signs ? 
Of which the fewest signs ? Of which government do the officers 
seem most sensitive to local opinion ? 


CHAPTER XX 


CITY GOVERNMENT 

General Statement. A city might be called an overgrown 
village, for at one time it was a village, and in its early 
beginnings, a very small settlement. The organization and 
government of villages and of cities are similar. Cities, like 
villages, are usually located in the neighborhood of some 
natural advantage, such as water power, mineral deposits, an 
excellent sea or lake port, or a navigable river. In the study 
of your city or village it is well to note these natural advan¬ 
tages and to learn as much as possible about your city. Learn 
also about the government of your village or city and its 
various activities : who are responsible, and to whom they 
are responsible, for the faithful discharge of the duties con¬ 
nected with the public health, the public schools, the cleaning 
and use of the streets, the disposal of garbage, the police 
and fire departments, the care of the poor, public charities; 
how the money is raised for all these and various other 
activities; how persons are appointed or elected to public 
office; how delinquent officers may be forced to do their 
duty — in short, you should become familiar with the details 
of your city charter, so that you may have an intelligent 
understanding of the conditions in your city, why they exist 
and how they may be changed or continued. 

Rapid Growth of Cities. " There is no denying that the 
government of cities is the one conspicuous failure of the 
United States,” writes an eminent observer of American 
political conditions. Whether we accept this conclusion or 

304 



The City giving Free Instruction to Mothers and to 
" Little Mothers ” in the Care of Children 












3 o6 


SCHOOL CIVICS 


that of a prominent educator and man of affairs, that the 
"average American city is not going from bad to worse 
. . . the general tendency is toward improvement," the con¬ 
centration of more than 30 per cent of our population in 
cities makes the problem of municipal government one of 
the most important in America. The American of the 
present is confronted with problems of government of which 
his forefathers of a hundred and thirty-five years ago never 
dreamed. 

Difficulties of Municipal Government. In part these dif¬ 
ficulties have come about through the mere rapidity with 
which our cities have grown up. In a few decades, some¬ 
times in a few years, very considerable populations have 
found themselves gathered about some railroad junction or 
the plant of some great industrial enterprise, and confronted 
with the necessity of supplying themselves as soon as pos¬ 
sible with light, pavements, sewers, schools, public buildings 
of all kinds, in order to provide for their own convenience, 
health, and safety. Under such circumstances the demand 
is always for the immediate supply of the people’s needs, 
not for the best and most economical means of permanent 
supply. The result is that considerable sums of money are 
expended on mere makeshift public improvements, which 
must soon be replaced by something better planned and 
more permanent. Then, too, when public works are under¬ 
taken thus hastily, the temptation to extravagance, if not to 
actual dishonesty, is considerably increased. This necessity 
for the expenditure of great sums of money within a very 
short period for public works makes it necessary for the 
cities to borrow largely, so that nearly all our cities are 
bearing great burdens of municipal debt, whose manage¬ 
ment increases in no small measure the difficulties of mu¬ 
nicipal government. Finally, increase in the size of cities 



Cleaning the Streets 

Health depends largely upon cleanliness. Another direct benefit of city 
government is the removal of refuse from the streets 


307 





308 


SCHOOL CIVICS 


results in an astonishing increase in the complexity of 
municipal government and in the number and variety of 
matters to be attended to by the municipal authorities; and 
the more complex it becomes, and the more highly special¬ 
ized and technical becomes the service of the different 
departments, the less is it possible for the ordinary citizen, 
or even the extraordinarily well-informed citizen, to criticize 
it at all intelligently. If, therefore, municipal government in 
the United States has been "a conspicuous failure,” it is 
a condition of affairs not greatly to be wondered at or 
altogether to be despaired of. 

The City; its Character. In the United States the term 
"city” is applied to a community which, on account of its 
dense population, has secured a charter from the state legis¬ 
lature granting it a special form of government. For pur¬ 
poses of study, however, there should be included along 
with cities proper the large number of incorporated villages 
and boroughs, and the towns of the South and West, which 
are cities in miniature and are created either by a particular 
act of incorporation or by conforming to certain general 
state laws. The same problems, only on a smaller scale, 
arise in these divisions ; the same offices appear, though 
they are not so numerous. The description, then, of city 
government applies in general to the government of these 
smaller communities. 

Functions of City Government. City government may be 
said to have two sets of functions to perform, corresponding 
to the twofold nature of the city, first as a subdivision of 
the state, and second as a center of population more or 
less dense. As a subdivision of the state the city is charged 
with the execution of certain state laws — some of them en¬ 
tirely general in character, such as those providing for the 
preservation of the peace, the granting of licenses, the 


CITY GOVERNMENT 


309 


preventing of adulteration of food, and the like; some of 
them general but having to do especially with local govern¬ 
ment, such as those requiring the maintenance of schools 
and the care of the poor. In addition to this administra¬ 
tion of state law the city must provide for its own local 
needs in such matters as the paving, grading, and cleaning 
of streets and the furnishing of water, light, fire protection, 
and protection against disease, needs which demand greater 
and greater facilities as the city increases in population. 

Organization of City Government. The city charter, or 
the act of incorporation, outlines more or less in detail the 
frame of government. Everywhere the same separation of 
executive, legislative, and judicial departments which was 
seen in the state and national governments is character¬ 
istic of the city government. The chief executive official is 
the mayor, who is assisted by other executive officers or 
boards, some of them elected directly by the people, others 
appointed by the mayor or the city legislature. The legisla¬ 
tive body consists sometimes of one chamber, sometimes of 
two, the whole body being in either case elected directly by 
the people. Where there are two houses, the upper house is 
usually called the board of aldermen, the lower the common 
council. These differ " very much as the two houses of a 
state legislature differ, in the number and size of the dis¬ 
tricts which their members represent.” Where there is but 
one chamber it is called in some cases the board of aider- 
men, in others the common council. The judicial depart¬ 
ment consists of a number of judges, usually elected by the 
voters but sometimes appointed by the state. 

Recent Changes. When we come to examine the organi¬ 
zation and powers of these departments more in detail, we 
shall find that the executive and the legislative departments 
differ considerably in different cities, according as the city 


310 


SCHOOL CIVICS 


charter has or has not been recently revised. There has 
been, we shall find, a tendency toward centralization of 
power in the hands of a single executive authority, — the 
mayor, — with a corresponding curtailment of the powers of 
the legislature. In other words, city government, at least 
in its executive department, is coming to resemble the 
national rather than the state government. 

The Executive Department: Usual Form. In cities whose 
governments have not been recently reorganized — and that 
means in most of our cities — the executive department is 
organized on a plan very similar to that prevailing in the 
state governments. There is a chief executive, the mayor, 
chosen by popular vote, usually for two or four years. Then 
there are a number of other executive officials, or boards, or 
both, some of them chosen by the people, some possibly 
appointed by the council or even by some state authority, 
over whom the mayor is in general unable to exercise any 
control. He usually has a somewhat limited power of ap¬ 
pointment and removal. Like the state governor, he owes 
his chief influence to his power of vetoing the acts of the 
legislature, though his veto, like the governor s, may of 
course be overridden by a sufficient majority (see p. 283). 

Centralized City Government. The position of the mayor 
is very different in the centralized form of city government. 
He is the real executive head of the city and is held 
strictly responsible for the administration of all its affairs. 
In the extreme centralized type the people elect almost no 
executive officials except the mayor. Under the Brooklyn 
charter of 1882, which was the first charter of this kind, 
the people elected, besides the mayor, only the comptroller 
and the auditor. All the other chief administrative officers 
were appointed by the mayor without confirmation by the 
common council. In most of the city governments that 



Firemen at Work saving Life (above) and a Policeman 
MAKING THE STREETS SAFE (below) 


3 ” 













312 


SCHOOL CIVICS 


have been recently reorganized the example of Brooklyn has 
been followed to a greater or less extent, and the principle 
of concentrated responsibility has been more or less fully 
adopted. Not only have the mayors been given large powers 
of appointment and removal, but they have in some cases 
been made members, together with the chief financial officers 
of the corporation, of a board of estimate, which calculates 
the amount to be raised for various purposes by taxation 
and then transmits its estimates to the city council, which 
may approve them or cut them down, but cannot increase 
a single item. 

Administrative Departments. Along with the movement 
toward centralization of power has gone an attempt at better 
classification and organization of the great administrative 
departments which are so important in city government. 
Under the decentralized form of city government there is 
usually a great number of these departments, the officials 
of which are chosen in a variety of ways, and which per¬ 
form their functions for the most part independently of 
each other. In general it has been found that this practice 
not only makes it impossible to secure unity of administra¬ 
tion, but also increases the temptation to logrolling at least, 
if not to something worse. Moreover, in cities of this type 
the general tendency has been to trust executive work to 
boards or commissions rather than to individuals, with a 
resulting division of responsibility and lack of efficiency. 
Consequently, in the cities that have recently remodeled 
their governments, the number of departments has been 
reduced by abolishing some and by consolidating others, 
whose functions were allied,.into one great department with 
a number of subordinate bureaus. Thus, we find a depart¬ 
ment of public works, with such bureaus as those of streets, 
street cleaning, engineering, and water supply. The heads 


CITY GOVERNMENT 


313 


of these great departments are called commissioners and are 
appointed by the mayor, who holds them to strict account¬ 
ability for the administration of their departments. They in 
turn appoint the heads of bureaus whom they hold respon¬ 
sible to themselves, and thus the principle of definite respon¬ 
sibility permeates the whole system. Under the centralized 
system the management of the departments is usually in¬ 
trusted to a single head, but in a few cases where it is felt 
that deliberation is required, the work is intrusted to a board 
or commission, which then appoints a chief or superintendent 
to execute the plans it adopts. 

The City Legislature. Where the legislature consists of 
two houses, the members of the lower house are usually 
elected by wards, those of the upper by divisions larger 
than wards or sometimes by general ticket. Where there is 
but one chamber, each ward usually sends a representative, 
though in a few cities election is by general ticket or by 
specially created election districts. The term is usually either 
two or four years. 

Its Powers. Since the city government is created by act 
of the state, its legislature of course possesses only such 
powers as are delegated by the state, and in exercising them 
it is subject always to interference on the part of the state. 
These powers are enumerated and defined in the charter 
or in the general or special act of incorporation by which 
the city becomes a city. They consist usually of the power 
to pass all such ordinances and by-laws as may be necessary 
for the comfort, convenience, or safety of the citizens; of 
the power to lay taxes for the support of the city govern¬ 
ment ; of the power to borrow money for permanent 
improvements, subject always to the limit of municipal 
indebtedness fixed by the state and also subject often to 
the special consent of the voters; and of the power to 


314 


SCHOOL CIVICS 


grant franchises. It should be noted that not all the 
legislative power of the city is given to the legislature. 
Besides the legislative power exercised negatively by the 
mayor through his veto, certain executive boards, such as 
the police and health boards, may make proclamation of 
necessary regulations, which possess thereupon the same 
force as ordinances passed by the councils. 

Recent Restrictions. In recent charters the powers of 
the legislative branch of city government have been greatly 
curtailed. We have already seen that the creation of boards 
of estimate has reduced its power in the matter of taxa¬ 
tion until it has scarcely more than the power of revision. 
Mr. Low has pointed out that in New York "that tendency 
[namOly, to restrict the powers of the city legislatures] has 
been acted upon to so great an extent as to deprive the 
common council of every important function that it ever 
possessed, except the single power to grant public fran¬ 
chises.” The same writer declares this problem of properly 
organizing the legislative powers of the municipality to be 
" the great unsolved organic problem in connection with 
municipal government in the United States.” 

The Judicial Department. The city courts are merely a 
part of the judicial system of the state. Besides the police 
justices, usually elected by the people for short terms, there 
are in the larger places several superior judges chosen for 
longer terms. The city courts have jurisdiction of all cases 
arising under city ordinances, as well as of minor criminal 
and civil suits in which state law is involved. Appeal to a 
higher court is possible in most cases. 

The Village. The characteristic features of the incor¬ 
porated village or borough governments can be noted briefly. 
A board of trustees, presided over by a mayor, president, or 
chief burgess, is given extensive power of making by-laws 


CITY GOVERNMENT 


315 


and considerable power of taxation for local improvements 
as well as for local administration. The other officers are 
the treasurer, clerk, collector, street commissioner, and some¬ 
times overseers of the poor. In general the village or borough 
possesses a somewhat smaller measure of independence 
than does the city. 

Some Problems of City Government. As we saw at the 
beginning of the chapter, the conditions under which our 
cities have grown up have been such that the problems 
presented to the citizens for solution have been, and still 
are, numerous and difficult. It is worth while to examine 
some of these a little more closely. 

Finances: Income. One of the most thorough tests of 
the efficiency of a city government is its administration 
of its finances. It was the widespread mismanagement of 
financial affairs, with extravagant expenditures and the 
accumulation of enormous municipal debts, that first directed 
public attention to the shortcomings of municipal govern¬ 
ment and subjected it to the searching criticism of recent 
years. A city derives its income from a variety of sources. 
Its chief reliance is upon the general property tax levied 
upon all real estate and, so far as it is discoverable, upon 
all personal property in excess of certain necessities. 
Besides this general tax very considerable sums are 
derived from special assessments upon property whose 
value is enhanced by public improvements made in the 
neighborhood. Where the city furnishes water, gas, elec¬ 
tricity, or any similar service, a part of its income is 
derived from the charges made for such service; where 
such businesses are in the hands of private corporations, the 
city still, as a usual thing, derives an income from them 
through the sums paid for the franchises. In addition to 
these sources of income there are the licenses issued for 


SCHOOL CIVICS 


316 

the carrying on of various kinds of business, and fines paid 
as a penalty for violation of law. 

Expendittires. The money thus obtained is expended in 
a great variety of ways. The officers who administer the 
city’s affairs must usually be paid for their services, so that 
a part of it is expended for salaries. Large sums are spent 
for police and fire protection, for lighting the city, and for 
the care of its streets. The largest single item of expense 
is usually that for education ; on the average, from a fifth 
to a third of the total expenditure is devoted to the public 
schools. Where there is municipal ownership of waterworks, 
lighting plants, etc. the expenses of operating these industries 
are a part of the city’s expenditure. Finally, no insignificant 
item is the interest on the municipal debt. 

Mtinicipal Debts. While the existence of municipal in¬ 
debtedness is not necessarily an evil nor an unfailing sign 
of extravagance or corruption on the part of city authorities, 
still it must be admitted that the rapid increase of city 
debts has at times seriously menaced the prosperity of 
many of our cities. Unquestionably there has been no 
small amount of extravagance and corruption. Most munic¬ 
ipal indebtedness has, however, been incurred in the 
attempt on the part of our rapidly growing cities to build 
up what one writer has called their " permanent plant ” — 
waterworks, pavements, sewers, schools, municipal buildings, 
public improvements of all kinds. Such undertakings have 
often been unwisely begun and wastefully managed, and 
the resulting evils of overtaxation and excessive indebted¬ 
ness have brought about attempts on the part of the states 
to curb the recklessness of city councils.” Almost all the 
states have now limited the amount of indebtedness that 
a city may incur to a certain percentage (usually 2 to 10 
per cent) of the assessed value of the taxable property. 



Courtesy of Highway Commission of JN'ew York 

A New York Road before and after Improvement 

Good roads, the daily mail, the telephone, and in some localities electric lights 
have increased the value of property, reduced the cost of production, and improved 

country life generally 

317 







318 


SCHOOL CIVICS 


Extension of Municipal Functions. Another problem 
with which the cities find themselves more and more fre¬ 
quently confronted is the question of the extension of 
municipal functions. There is general agreement that it is 
the proper function of the city to pave and clean its streets, 
to furnish sewers, to provide schools and public parks; but 
the question often arises as to how much further the city’s 
activity should extend. Should it undertake to furnish 
water, for example, or light, or street-car service ? If it is 
the function of the city to protect the health of its citizens 
by proper sanitary arrangements, why should there not be 
also public baths and laundries ? If it rightly provides 
public schools and libraries, why not municipal art galleries 
and free concerts ? If public parks, why not playgrounds 
and gymnasiums ? 

Present Practice. The business of supplying water and, 
to a still greater extent, that of supplying gas, electricity, 
and street-car service, has until recently been left to private 
enterprise. In the case of the water supply there has of late 
been a general tendency toward municipal ownership. More 
than half the waterworks plants of the United States are now 
owned by cities, and of the large cities very few are depend¬ 
ent upon private companies. Of gas and electric-light plants 
a much smaller proportion are municipal, while street rail¬ 
ways are still almost entirely in the hands of private enter¬ 
prise. Public parks, children’s playgrounds, public baths, 
and gymnasiums, at least for school children, are largely 
furnished by city and school authorities. Hospitals and 
orphanages are frequently found as parts of a city’s activities, 
and some cities give free dental and medical services. 

Franchises. Where the furnishing of water, light, and 
transportation is still in the hands of private persons or 
corporations, the question of the granting of franchises 


CITY GOVERNMENT 


319 


becomes an important one. These industries require for their 
operation the use of the city streets; and since the streets 
are public property, the privilege of using them for such 
purposes must be obtained from the city council or, in 
some cases, from the state legislature, by means of a grant 
called a franchise. A franchise may be granted to a private 
corporation for the use of the streets, not only on the surface 
but above and below the surface, for water, gas, sewer, and 
drainage pipes; for street cars, elevated trains, and subway 
cars; for telephone and telegraph wires ; etc. A franchise of 
this nature is ordinarily very valuable and, as the city grows, 
becomes increasingly so ; yet many of them have been given 
away, either through the ignorance or the indifference of 
councilmen, or through corruption, the votes of councilmen 
having been paid for in money or in stock of the company. 
Cities are now attempting to control this evil by regulating the 
conditions under which franchises may be granted. Where 
such reforms have been attempted, it is usually required that 
the term of franchises be limited to fifteen or twenty years, 
that they be sold to the highest responsible bidder, and that 
a certain minimum per cent of the gross receipts from the 
business concerned be paid into the city treasury. 

Municipal Ownership. The question of the desirability of 
municipal ownership of these industries has been much dis¬ 
cussed. In the case of the water supply municipal ownership 
has generally proved more satisfactory than private or cor¬ 
porate ownership. That it would do so in the case of the 
others is not proved. Opponents of municipal ownership 
urge against it the argument that it would in all likelihood 
be used by the political party in power for the furthering of 
its own ends. Places would be filled with political adherents, 
regardless of their fitness, and the business would be badly 
and wastefully managed. Advocates of municipal ownership 


320 


SCHOOL CIVICS 


reply that extravagance and corruption under that system 
could not possibly be greater than that which now prevails 
in the granting of franchises, and that such extensions of 
municipal activity are the best means of awakening the 
interest and public spirit of the citizens. 

Causes of Municipal Mismanagement: Defective Organi¬ 
zation. Various causes have been assigned for the generally 
admitted imperfections of city government. As we saw in 
the earlier part of this chapter, they have been due partly to 
what have been called " mechanical defects in the structure 
of municipal governments.” Our city governments have ap¬ 
parently been constructed on a wrong theory — the theory 
that cities are states in miniature. The principle of division 
of power, which works very well in the state and national 
governments and in the rural districts, does not seem to be 
applicable to the cities. There is need of some method of 
fixing and enforcing responsibility. We have seen that some 
of our cities have met the difficulty with a considerable de¬ 
gree of success by concentrating power in the hands of the 
mayor, but this does not completely solve the problem of 
the organization of municipal government. There remains the 
question of what shall be done with the city council. Up to 
the present time attempts to reform it have consisted prin¬ 
cipally of measures depriving it of its powers or placing 
limitations upon its exercise of them. Will this process be 
continued until the city council disappears altogether, or 
will some method be found of fixing responsibility upon the 
members of the legislature as well as upon the executive } 

Inflnence of State and National Politics. Another fre¬ 
quently mentioned cause of bad city government is the carry¬ 
ing over of state and national political issues into city affairs. 
Rarely, if ever, have the questions confronting the voter 
in municipal elections anything whatever to do with party 



Medical Inspection (above) and a Pure-Milk Depot (below) 

These two city departments are giving free service under the direction of 
the city board of health. Impure milk is the means of spreading disease. 
Medical inspection detects and prevents disease 


321 












322 


SCHOOL CIVICS 


differences; yet they are at present, with occasional marked 
exceptions, regularly decided in accordance with party affilia¬ 
tions. This state of affairs is due in part to the widespread 
influence of the " spoils system ” (which looks upon public 
office as the legitimate reward of party service and which 
keeps the party machinery " oiled and greased and always 
working at high pressure ”)and in part to the fact that the reg¬ 
ular party organizations are almost the only permanent polit¬ 
ical organizations in the cities. Occasionally, particularly after 
exposure of the operations of some corrupt ring or dishon¬ 
est official, our cities have been seized with what the news¬ 
papers term a " spasm of reform ” ; independent movements 
are organized, independent candidates are nominated and per¬ 
haps elected ; but such movements have generally been only 
temporary. They are usually too poorly organized to stand 
long before the assaults of the regular party organizations. 
The adoption of civil-service-reform methods, which has been 
brought about within recent years in some of our cities, fur¬ 
nishes a means of combating the " spoils system ” ; and 
efforts have also been made, with some degree of success, 
to remove the city from the influence of state and national 
politics by holding municipal elections at such times that 
they will not coincide with state and national elections. 

Lack of Civic Spirit. The fundamental cause of municipal 
mismanagement, however, as of all political mismanagement, 
is to be found in what has been called the lack of civic 
spirit ” on the part of the citizens. The explanation of this 
defect is often looked for in the existence in our cities of large 
foreign populations, to whom our political ideals and methods 
are strange, and who can fit themselves but slowly into our 
political system. Our difficulty here is with the indifference 
of the " good ” citizen rather than with the foreign element 
or with the ignorant and vicious classes. In this connection 


CITY GOVERNMENT 


323 


Mr. Bryce says: ’'We find able citizens absorbed in their 
private business, cultivated citizens unusually sensitive to the 
vulgarities of practical politics, and both sets therefore un¬ 
willing to sacrifice their time and tastes and comfort in the 
struggle with sordid wirepullers and noisy demagogues.” 

Commission Government. In recent years, however, a 
deeper interest is being taken in the management of city 
affairs, and a new form, known as the "commission plan,” is 
being tried. This plan places the management of the city’s 
affairs in the hands of three or five men, called commis¬ 
sioners. Ward lines are obliterated, and the commissioners 
are chosen to represent the whole city. By nominating the 
commissioners at direct primaries (a place where the individual 
voter may express by ballot his choice as to candidate), and 
by using the "New Zealand ballot ” (by printing the names 
of the candidates alphabetically without designating their 
political affiliations), partisan politics are eliminated and the 
business affairs of the city are conducted in accordance with 
well-established business principles. 

The commissioners are usually chosen for a term which 
varies from two to six years, and are subject to the initia¬ 
tive, referendum (see p. 292), and recall', that is, if the 
commissioners do not pass ordinances which the people de¬ 
sire, the people may by ballot instruct them to do so (the 
initiative); or if the commissioners pass ordinances which 
the people do not want, the people may by ballot veto such 
legislation by registering their disapproval (the referendum); 
or if the official acts of any commissioner are objectionable to 
the people at any time during his term of office, the people 
may by ballot dismiss him from office (the recall). Acting 
together, the commissioners constitute the legislative branch 
of the city government; acting separately they constitute 
both the executive branch and the judicial branch. One of 


324 


SCHOOL CIVICS 


their number is chosen mayor and acts as commissioner of 
public affairs) one has charge of the police, fire, and health 
departments and is called the commissioner oipublic safety) 
one has charge of the public buildings, streets, bridges, 
sidewalks, parks, and other public works, and is called the 
commissioner of public works ; one has charge of the city’s 
finances—taxes, licenses, and revenue from other sources— 
and is called the commissioner of finance ; one has charge 
of all of the city’s legal business, including its courts, both 
civil and criminal, and is called the commissioner of jnstiee. 
Sometimes this department of justice is delegated to a 
bureau, and the department of public works is divided into 
two departments, the one dealing with work of a permanent 
nature, such as the laying out of a new street, the other with 
that of maintenance, such as keeping the street clean. 

Each of the above departments is divided into a number 
of bureaus charged with the detailed administration of affairs 
but directly responsible to the commissioner in charge of the 
department. All necessary assistants are appointed by the 
commissioners and may be removed by them. Contracts for 
the erection of public buildings, street paving, sewers, drains, 
and park and other city improvements, and the granting of 
franchises, are entirely in the hands of the commissioners, 
limited only by the city charter and by the initiative, refer¬ 
endum, and recall. As yet no uniform plan for commission 
government has become standardized, and changes are being 
rapidly made. However, no schenie is stronger or better than 
the men ivho administer it, supported by public opinion. 

City Manager: a Further Development. An outgrowth 
of the commission government of cities is the city manager. 
A city manager is a person appointed as the chief executive 
officer to carry out the plans of the commission and to ad¬ 
vise them as to what should be done for the improvement 


CITY GOVERNMENT 


325 


of the city along the lines of its various activities. He is to 
the city government what the superintendent of schools is 
to a school system, or the manager of a great newspaper 
or business concern is to his employer. The concentration of 
the responsibility in one person under the commission is an 
effort to establish efficient and economical city government, 
to place responsibility, and to remove the business affairs of 
the city from partisan, political control by placing them in 
the hands of an expert. 

Trained Officials. It has been suggested that many of 
the present evils of city government would disappear if its 
business were placed in the hands of trained men of ability 
who had no other business. To this end it has been sug¬ 
gested that schools for the study of municipal government 
be established in connection with universities, much after 
the fashion of other professional schools. By some such 
method young men of ability would be induced to enter 
this field as a life profession. If this were done, it would 
be necessary to remove the business affairs of a city from 
the realm of partisan politics. And why should they not 
be.? Why should not the business of a city be managed 
on the well-established lines of other great business enter¬ 
prises ? Why should the collection and expenditure of mil¬ 
lions of dollars be intrusted to men not familiar with any 
phase of city government, and who, under the present 
methods, are not permitted to remain long enough to 
master the most elementary principles, thus keeping the 
general affairs of the people in the hands of shifting 
inexperience and often incompetence ? 

Library References. Beard, chapter on Municipal Functions, pp. 603- 
637; Macy, chap, xii; Fiske, chap, v; Bryce, Vol. I, chaps. 1-lii; Wilson, 
§§ 1029-1036; Dole, chap, xiii; Wilcox, chaps, iii-iv; Zueblin, Ameri¬ 
can Political Progress; Baker, Municipal Engineering and Sanitation. 


326 


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QUESTIONS ON THE TEXT 

1. What natural resource has determined the location of many 
of our cities ? 

2. How has the rapid growth of cities made the matter of 
city government more difficult ? 

3 . What are some of the more important duties of city 
government ? 

4 . Give an outline of the form of organization of city 
government. 

5 . Which form of city government is likely to be more effi¬ 
cient, the centralized or the decentralized form ? Discuss fully. 

6. What are the sources of a city’s finances ? Why should a 
city prepare an annual budget showing probable expenditures ? 

7 . Why should public franchises be limited as to time when 
disposed of to private individuals or corporations ? 

8. What are the duties of the following departments of 
city government: health; public works; fire protection; police; 
streets ? 

9 . Discuss the advisability of a city’s owning its own water 
and lighting systems. 

10. What are the main causes of mismanagement in city 
government ? 

11. Should state and national politics enter into the manage¬ 
ment of the affairs of a city ? Why ? 

12. What is the "commission plan’’ of city government ? What 
cities have tried this plan ? With what results ? 

13 . Is the appointment of a city manager a tendency toward 
or away from democratic government ? Discuss fully. 

14 . What is the short ballot? the Australian ballot? the New 
Zealand ballot ? 

15 . Should members of the common council be selected by 
wards or on a general ticket without reference to ward lines ? 
Discuss fully. 


CITY GOVERNMENT 


327 

16. What is meant by the terms '' referendum/’ " initiative,” 
and ” recall ” as applied to government ? 

17. Should city officials be permitted to engage in any other 
business or should they be required to give an undivided service 
to the public ? Discuss fully. 

18. Are men trained in the affairs of government necessary 
for economical and efficient management in a city’s business as 
in other large enterprises? Discuss fully. 


CHAPTER XXI 


MUNICIPAL LAW 

Statement of Subject. Intercourse between nations is 
regulated by international law. Similarly, the intercourse of 
every state with its citizens and subjects, and of those sub¬ 
jects with each other, is regulated by law, and to this is 
applied the term "municipal law.’’ In studying the con¬ 
stitution of the United States and those of the different 
states, we have been dealing with one portion of municipal 
law as it exists in this country. In addition, however, to 
these fundamental laws outlining our frame of government 
and guaranteeing to individuals certain vitally important 
rights, there exists a great body of law intended to define 
clearly, and to secure, on the one hand the rights of indi¬ 
viduals in their relations with the state and with each other, 
on the other the rights of the state, that is, of the public, 
as against individuals. It is the aim of this chapter to direct 
attention very briefly to the most important of these pro¬ 
visions of municipal law. 

Municipal Law and Individual Rights. One principal ob¬ 
ject of municipal law has been the preservation and vindi¬ 
cation of individual rights, not only of those fundamental 
rights guaranteed in this country by our federal and state 
constitutions but also of the innumerable rights arising out 
of the relations of husband and wife, parent and child, 
guardian and ward, and master and servant. If these rights 
were simply recognized as existing, without more definite 
prescription (by rules emanating from the legislature or 

328 


MUNICIPAL LAW 


329 


Other sources) of the precise manner in which they are to be 
safeguarded, the recognition would avail little. Hence the 
necessity for this great body of municipal law. 

Common and Statute Law. In an earlier chapter (pp. 8-1 2) 
we glanced at the way in which individual rights have 
developed in organized society. As these rights gradually 
gained general recognition, society began to follow certain 
rules in punishing violations of them. These rules became 
in time thoroughly established customs, and finally received 
judicial sanction in the decisions of the highest courts. It 
is these unwritten laws, which have originated in this way, 
that now make up what is known as our common law. In 
addition to this common law the state has prescribed certain 
rules of conduct, sometimes modifying, sometimes supple¬ 
menting it. These written enactments constitute the statute 
law. Many of the rules of common law have been super¬ 
seded by them, and the practice has been in some cases 
reversed. 

Civil and Criminal Law. The state recognizes a very 
important distinction in applying these rules to its citizens. 
Certain offenses are in the nature of private wrongs, as when 
one person interferes with another’s rights of property in a 
breach of contract or injures his reputation by slander. On 
the other hand, there is another class of offenses, such as 
murder and burglary, which are looked upon as public 
wrongs. These "reach through and beyond the individual 
wronged to the social fabric of which he forms a part, and 
violate the peace and order of the state.” The former are 
termed civil offenses ; the latter, criminal offenses or crimes. 

Property and Estates Defined. To the protection of the 
right of private property and the redress of the wrongs by 
which it is violated the law devotes the greater share of its 
attention. Property may be of two kinds — real and personal. 


330 


SCHOOL CIVICS 


Real property is immovable property, including land and 
whatever may be growing or erected thereon, and all that is 
beneath the soil; personal property is movable property — 
such things as may be taken by the owner wherever he goes. 
The law carefully distinguishes between the property itself 
and the interest which the owner may have therein. This 
interest is called an estate. These estates may be of differ¬ 
ent kinds. There are but two recognized interests in per¬ 
sonal property, namely, an absolute and a qualified estate. 
In the former the estate cannot be lost without some act on 
the part of the owner, whereas the latter may be lost without 
his act or default. Not all the different estates in real prop¬ 
erty need be considered here. The more important are an 
estate in fee, an estate for years, an estate for life, and an 
executory estate. An estate in fee is one given to a person 
and his heir "absolutely without any end or limit." An 
estate for years is an interest limited by a term of years. 
An estate for life is limited by the life of the holder or some 
other specified person. An executory estate is an estate 
created to commence at some future time. 

Contracts: Defined and Classified. A contract is one of 
the means of acquiring an estate in both real and personal 
property. A contract is " an agreement between two or more 
persons, upon sufficient consideration, to do or not to do a 
particular thing." Contracts may be classed, as to form, as 
written or oral; and as to the time when they go into oper¬ 
ation, as executory or executed. An executed contract is 
" one in which nothing remains to be done by either party, 
and where the transaction is completed at the moment the 
agreement is made." An executory contract is an agreement 
to " perform some future act." A sale accompanied by 
delivery and payment would be an example of the former; 
an agreement to build a house within a year, of the latter. 


MUNICIPAL LAW 


331 


Contracts may also be classed as express and implied. An 
express contract is one where the terms are " openly and 
fully uttered and avowed at the time of making.” It is not 
necessarily a written contract. A formal contract is an express 
contract, written or oral. A lease would be an example 
of this kind of contract. An implied contract is one that 
is largely a matter of inference and deduction. When one 
person hires another to perform a piece of work, nothing 
may be said as to the remuneration. The contract is an 
implied one in so far as hiring presupposes payment for 
the labor. 

Conditions governing Contracts. Every contract must 
satisfy four conditions-in order to be enforceable, (i) The 
parties contracting must be competent. Four classes of 
persons are usually regarded as incompetent: {a) infants, 
{b) married women, (c) insane persons, and {d) persons 
under guardianship. The term "infant” is applied to per¬ 
sons under a certain age, usually twenty-one. An infant, 
however, may contract for the necessaries of life. A married 
woman may also make contracts which involve her own 
property. The term "guardian” is applied to an}one upon 
whom the care of the person or estate of a minor has been 
conferred by law. Any contracts involving the minor, or 
ward, as he is called, are made by the guardian. ( 2 ) If a 
contract be made under fear of injury, it is voidable at the 
pleasure of the contracting party. ( 3 ) A contract must be 
based on a sufficient consideration. This may be of two 
kinds — pecuniary, or convertible into money, or founded on 
mere love or affection or gratitude. There must be a subject 
matter to be contracted for. In other words, the parties to 
a contract must make an agreement as to property, " whether 
it be a material object or a mere right and obligation.” 
( 4 ) Finally, there must be " an actual contracting by proposal 


332 


SCHOOL CIVICS 


on the one side and acceptance on the other ” ; the parties 
must mutually assent to the agreement. The other rules 
which determine the validity of a given contract depend 
upon the law of the place where the contract is made and 
is to be performed. The law of all states generally requires 
that contracts involving land or running over a long term 
of years shall be written. 

Breach of Contract. A breach of contract involves a civil 
suit, but the law governing such an action is determined 
entirely by the place where the suit is brought. A statute 
of limitations requires that the suit be brought before the 
court within a reasonable time. The law, generally speaking, 
knows no other remedy than the payment of money for a 
breach of contract. This kind of remedy is often inadequate 
or unsatisfactory, as no amount of money can compensate 
the aggrieved party under certain conditions. The fulfill¬ 
ment of the letter of the contract or cessation of a particular 
line of conduct is often the only just means of settling the 
difference. The general law of contract as outlined above 
applies alike to real and personal property. There are so 
many points of difference, however, in the laws governing 
the various estates in real and personal property, that it is 
necessary to consider the two kinds of property separately. 

Real Property: Deeds and Mortgages. Two common 
methods of transferring estates in real property are by deeds 
and by mortgages. A deed is a written instrument transfer¬ 
ring an estate to another, to take effect during the lifetime of 
the grantor. A deed may either create an estate where none 
before existed or modify one already created. To the former 
class belong deeds of bargain and sale, gifts, grants, and 
leases; to the latter, assignments. Besides conforming to 
the general conditions governing contracts, these instru¬ 
ments must be written, must be set forth legally and in an 


MUNICIPAL LAW 


333 


orderly manner, must be free from any erasures or inter¬ 
lineations not explained in the instrument, and must be 
sealed and delivered. These are signed by the grantor and 
must be acknowledged and witnessed. In some cases, when 
the transfer is made by a married man, the wife also must 
sign the instrument. If she fails to sign it, she still retains 
in the property her dower interest which she acquired by 
marriage. In no case can any estate be transferred by a 
deed without the delivery of the same during the lifetime 
of the grantor. Although recording a deed is not essential 
to its validity, it insures the grantee against the claims of 
the grantor’s creditors and of his subsequent bona-fide pur¬ 
chasers or mortgagees. In other words, it may prevent a 
second transfer or secure the first purchaser in the posses¬ 
sion of the property. A mortgage is a written instrument 
given as security for money loaned, whereby the debtor 
creates an estate in real property conditioned to become void 
on the payment of the obligation. In case the person giving 
a mortgage fails to meet the obligation incurred thereby, 
his property is sold to satisfy the debt. This procedure is 
called foreclosure. 

Gift and Will. The title to real property may also be 
acquired through gift or by will. A gift is the "voluntary 
conveyance or transfer of property without consideration of 
money or of blood." A gift may be made in expectation 
of death, and becomes voidable in case of the recovery of 
the donor. Delivery is essential to the validity of a gift 
in case the property is subject to actual delivery. As real 
property cannot be delivered, some act equivalent to de¬ 
livery is necessary to make the gift valid. A debtor on 
the verge of insolvency may not give away his property 
to the prejudice of his creditors. A will is the disposition 
of one’s property to take effect after death. It may be 


334 


SCHOOL CIVICS 


modified by a codicil, which is simply an addition to or 
qualification of a will. A will disposing of real property 
must be in writing and must be signed by the testator (the 
person making the will). He must be competent, as in the 
case of a contract. In nearly all of the states he must sign 
the will in the presence of witnesses, and the witnesses 
must attest to the genuineness of his signature. A will 
may be revoked at any time by destroying it, by making 
a new will expressly revoking the old one, or by the tes¬ 
tator’s marriage and the birth of a child. A will usually 
provides for the carrying out of its provisions by some 
person, called an executor (if a man) or an executrix 
(if a woman). 

Lease. A lease has already been mentioned as a form 
of deed. It is a transfer of an estate for years in real 
property. " This is one of the most important estates 
known in law.” It is a contract between a landlord and a 
tenant implying certain responsibilities as to each other and 
the property. A lease, in common with all contracts, must 
be written when it involves a long period of years. Usually 
the law demands that leases for a longer period than a year 
shall be written. The tenant is bound to take good care 
of the property intrusted to him; that is, he must return 
it to the landlord in the condition in which he re¬ 
ceived it, allowing, of course, for the ordinary wear and 
tear. If the property needs to be repaired, the tenant is 
liable for the ordinary repairs, the landlord for all others. 
If the tenant violates the contract in any respect, he may 
be evicted. The landlord cannot, however, take the law 
into his own hands and proceed to set the tenant’s goods 
into the street. He must first apply to the courts, and 
they intrust the execution of the process to the sheriff or 
a similar officer. If the owner of a piece of property sells 


MUNICIPAL LAW 


335 


it during the period of its occupancy by a tenant, the tenant 
may remain until his lease expires, but pays the rent to the 
new owner. If the tenant prefers, he may quit the property, 
as the contract was primarily between him and the original 
owner. If he has sown crops with the knowledge that his 
lease will expire before the time for harvesting the same, 
he forfeits their ownership to the landlord. Otherwise he 
is entitled to the results of his labor, even if his lease is 
for an indefinite period and subject to the will of the land¬ 
lord for its termination. An assignment occurs when the 
tenant transfers his entire interest in the property to a new 
tenant. In this case the new tenant pays the rent directly 
to the landlord. A sublease is given where the tenant lets 
a part of his interest to another. In this case the rent is 
paid to the tenant. In case the lease is for an indefinite 
period, the landlord is required, when he wishes to secure 
possession of the property, to serve upon the tenant a 
notice to quit. 

Appurtenances. When real property is transferred, there 
are various minor rights, called appurtenances, which go 
with it. When a house is transferred, the new owner 
acquires the right to the blinds, the keys, the trees on 
the lot, and any minerals which may be beneath the soil. 
Appurtenances may be of other kinds, such as the right 
of way across another’s property or the right to the use 
of a stream. They may be acquired either by grant or by 
long use. They may be forfeited by granting them back 
to the original possessor or to a new one, or by disuse for 
a period of twenty years. 

Personal Property: Sale. The principal contracts by 
which estates in personal property may be acquired are 
contracts of sale, contracts of agency, contracts of partner¬ 
ship, and contracts of indorsement. A sale proper is the 


336 


SCHOOL CIVICS 


transfer of personal property for money. It must be care¬ 
fully distinguished from barter. The latter implies simply 
an exchange of one thing for another, presumably its equiv¬ 
alent in value. In a true sale one of the things exchanged 
must be money. As a sale is a contract relation, it must, 
of course, satisfy the conditions governing a valid contract. 
There are some special conditions which must likewise be 
satisfied. Perhaps the most important of these is that the 
property must have an " actual or potential existence ” in 
order to constitute a valid transfer. Delivery, however, is not 
necessary to make the sale binding. The right of possessing 
the goods passes to the buyer the moment he tenders 
the price; and if the goods are sold on credit, the buyer 
is likewise entitled to their immediate possession. If the 
buyer fails to secure the goods and leaves them with the 
seller, he not only runs the risk of losing them in case 
of their destruction by fire, but he may be defrauded of 
them by the original possessor’s selling them a second 
time, in which case the original possessor may be sued 
for damages. Any sale made by a debtor to a third party 
with the understanding that the thing sold shall remain in 
his hands is void. The law provides, however, that if a 
chattel mortgage be given by the debtor to the third party 
purchasing, the sale is valid, no matter how many creditors 
the man may have or who has possession of the goods. 
A chattel mortgage is simply a paper given as security for 
the money tendered, and prevents the debtor from reselling 
the goods, thus protecting the purchaser. 

Transfer of Title. The general rule as to the transfer 
of title or right to the property is that the seller can 
transfer only those rights which he has in the property. 
If, then, the property be stolen property, the purchaser 
obviously acquires no right to the same, as the seller 


MUNICIPAL LAW 


337 


transferred none. An exception is made, however, in the 
case of negotiable paper which may be stolen before it is due. 
The reason for this is that such paper is so readily trans¬ 
ferred from one person to another that many might suffer 
if the ordinary rule were applied. When the seller cove¬ 
nants or undertakes to insure that the thing which is sold 
is his own, he is said to warrant the title. Such action 
secures the purchaser against loss in case of misrepresen¬ 
tation. Likewise, if he expressly guarantees the quality, 
the purchaser is also secured against loss. Where the seller 
does not say anything about the quality, the purchaser buys 
at his own risk and cannot recover from the seller if the 
goods do not measure up to a certain standard. In case 
property be sold on credit, the seller sometimes retains the 
title to the property until full payment is made. 

Liens. A lien may be defined as the '' right vested in 
one man to retain possession of the property of another 
until some charge upon it or some pecuniary claim on 
account of it has been satisfied.” A lien, then, usually 
implies the possession of the article, and is lost when the 
article has passed out of the hands of the creditor. "In 
trade, however, a lien sometimes continues even after the 
delivery of property, if it be the general usage and the right 
of lien be made a part of the contract.” 

Agency. Agency is a " relation between two or more 
persons by which one party ... is authorized to do certain 
acts for . . . the other,” called a principal. This relation¬ 
ship is a very common one in the business world. The 
clerk in the store, the cashier in the bank, the superintend¬ 
ent of a railroad, are all agents acting for principals. In 
general the principal is liable for acts of the agent. If, 
however, the agent exceeds his authority, or is acting for 
himself while pretending to act for his principal, or refuses 


338 


SCHOOL CIVICS 


to disclose his principal, he becomes liable for his acts. An 
agent often has a lien upon the property of the principal. 
This can be illustrated by the commission merchant. It is 
his business to sell goods, usually in bulk, for his principal 
on a commission. If the commission is not forthcoming, 
he may exercise his right of lien by holding the goods con¬ 
signed to him to be sold. The broker differs somewhat 
from the commission merchant. He never has goods in 
his possession, but it is his business to bring the buyer 
and the seller together. He is also paid a commission. 

Partnership. A contract of partnership is "a contract 
by which two or more persons unite their property or labor 
in some lawful business, and agree to divide the profits 
or bear the loss in certain proportions.” By this contract 
each member of the partnership acquires an interest in 
the partnership property and becomes at the same time 
liable for any engagements or transactions made by any 
other member of the concern. In all matters pertaining 
to the partnership the act of one partner binds all. A 
secret partner becomes liable with the others if his identity 
is disclosed. There are various ways in which partnerships 
are dissolved. The most common means are by an act of 
the parties, by the act of God, and by the act of law. 
Either party may dissolve it if it be for an indefinite 
period. If it be for a term of years it may only be dis¬ 
solved by the courts or by the "act of God,” as by the 

death of one of the partners. In case of a dissolution, 

notice must be served upon all having dealings with the 

firm, but a newspaper notice suffices for the general public. 

Negotiable Paper: Forms. A contract of indorsement 
transfers an interest in negotiable paper. This is any paper 
that may be sold and passed from hand to hand under cer¬ 
tain limitations, as we pass coin or bank bills — that is, paper 


MUNICIPAL LAW 


339 


which is capable of ready transference from one person to 
another. Checks, bills of exchange, and promissory notes 
are forms of negotiable paper. A bill of exchange or a draft 
is a " request by one person to another to pay a third person 
a certain sum of money mentioned in the paper.” The per¬ 
son executing or signing the draft is the drawer ; the person 
called upon to pay the same is the drawee ; and the person who 
is designated to receive the money is the payee. A check is 
very similar to a bill of exchange. It is an order upon a 
bank given by one person in favor of another. The bank 
then stands in the relation of drawee. A promissory note is 
a simple promise by one person to pay another a specified 
sum. There are only two parties to a note : namely, the 
maker (the one signing the note) and the payee (the one in 
whose favor it is made). ” No precise words of contract are 
essential in a promissory note, provided they amount in a 
legal effect to a promise to pay.” (Spaulding, Encyclopedia, 
p. 149). The usual form is as follows: 

$ _ Place_, Date- 

Ninety days after date I promise to pay John Doe, or bearer (or 

order), five hundred dollars, at_, with interest thereon, at 

the rate of_per cent per annum, from date (or maturity) 

until paid. 

Value received. (Signed) D. R. 

The law is more strict about the wording of a bill of ex¬ 
change. The following is the usual form : 

$ _ Place_, Date- 

_days (or months) after sight (or date) pay to John Doe, or 

order,_dollars, value received on account of- 

(or, and charge to the account of). 

To B. (at). 


(Signed) D. R. 














SCHOOL CIVICS 


340 

The following is the usual form of a check. 


Place. 


Date. 


First National Bank, pay to the order of John Doe,. 
_dollars. 


(Signed) 


D. R. 


Use. These forms of negotiable paper make unnecessary 
the handling of large sums of money and the consequent 
inconvenience and danger attendant upon its use, and there¬ 
fore have a wide use in the business world. If A, living in 
New York, owes B, living in New Orleans, a sum of money, 
and A has money deposited in a bank in New York, he 
goes to this bank and secures from it an order upon a bank 
in New Orleans with which the New York bank does busi¬ 
ness, to pay B the amount of the debt. If B happens to have 
money in this bank, the amount is placed to his credit. In 
the course of a few months the amount advanced by these 
banks in similar transactions may balance, and consequently 
but little actual money may change hands. Again, C may 
owe A the amount of A’s debt to B, or more, and by A’s 
drawing an order upon C to pay B, two obligations may be 
discharged by a single transaction. The check also answers 
much the same purpose. 

Indorsement: Kinds. All these forms of paper are trans¬ 
ferred and made negotiable by indorsement. This is any 
writing on the back transferring the rights of the holder to 
some other person. An indorsement in blank consists in 
simply writing the name of the indorser on the back of the 
paper, and this makes it transferable to any one holding it. 
A full indorsement is where there appears on the back of 
the paper the name of the person in whose favor it is made. 
A qualified indorsement is where the liability of the indorser 
is limited, either by adding the word " cashier,” which serves 







MUNICIPAL LAW 


341 

to indicate that he is the agent of some corporation, or the 
words " without recourse to me.” 

Liabilities of Indorsement. Indorsement implies liability 
on the part of the indorser. In the case of a promissory 
note the maker is, of course, the principal debtor. If the 
payee indorses it and sells it to another, he too becomes 
liable to the purchaser for the amount of the note in case it 
is not paid when due. Every indorser, as well as the maker, 
may then be sued for the payment of the note. When a 
bill of exchange is presented to the drawee, he is not morally 
or legally bound to honor the same. If, however, he prom¬ 
ises to pay the amount to the payee or holder when it be¬ 
comes due, he is said to accept it. This operation makes 
him a party to the contract and transfers the burden of the 
obligation from the maker to the drawee. If he refuses to 
accept the bill, then the holder looks to the maker and in¬ 
dorsers for the amount involved. A notice is usually served 
in this event on the drawee and indorsers. When negotiable 
paper is transferred after maturity, the new possessors acquire 
no further rights and incur no obligations but those inherent 
in the bill when it became due. The purchaser then takes 
the note at his peril. If no time payment is specified in the 
paper, it is payable immediately. Forged paper acquires no 
value by transference, and may therefore cause loss to 
many. A note or bill does not begin to draw interest until 
maturity, unless otherwise specified therein. 

Transfer of Personal Property by Gift and Will. The 
law of gift and will has already been considered in connec¬ 
tion with real property. Much that was said in that con¬ 
nection applies as well to personal property. As personal 
property is movable property, actual delivery is necessary to 
constitute a valid gift. The other conditions as to revoca¬ 
tion and the rights of creditors are the same as in similar 


342 


SCHOOL CIVICS 


transfers of real property. The requisites for a will of per¬ 
sonal property differ so much in the different states that it 
is impossible to give them here. The law usually requires 
that such a will be in writing, except in cases of great neces¬ 
sity, " as of a soldier in actual military service, or of a sailor 
while at sea.” Property disposed of in this way is known 
as a legacy. A legacy is always conditioned on the debts 
which the testator may have incurred during his lifetime 
and which still remain unsettled. Such a will may be re¬ 
voked by destruction or express revocation. When a person 
dies without leaving a will, he is said to die intestate. The 
property is then intrusted by the courts to a person called 
an administrator, who must distribute the property accord¬ 
ing to law. Each state prescribes carefully who shall 
inherit property. 

Personal Security: Libel and Slander. Only a few of 
the laws guaranteeing the security of the individual need be 
considered here. The law guarantees the personal security 
of all as to reputation, by laws against slander and libel. 
These offenses are similar in character in that they consist 
of false statements that will injure the character of another. 
A libel, however, must be written or printed ; a slander is 
simply an oral statement. The punishment of libel is much 
more severe, and it is even accounted a crime against society 
because of its wide circulation as compared with slander. 
The punishment for slander is usually a fine (or damages) 
varying with the offense; the punishment of libel may 
include both fine and imprisonment. 

Relations of Parent and Child. The laws thrown about 
the relations of parent and child and of husband and wife 
form one of the greatest bulwarks of our institutions. The 
law recognizes in both relations mutual rights and duties. 
The parent among other things is entitled to the custody 


MUNICIPAL LAW 


343 


of the child, and if the child be working he is also entitled 
to his wages. He may punish the child, but not with exces¬ 
sive cruelty. The child, on the other hand, is entitled to 
support. If the parent denies this, the child may secure it 
by contracting with some other person for it. If, however, 
the father die and the mother be left with the support of 
minor children, the law generally does not demand that she 
support them. The father is obliged to support his minor 
children even if they possess property of their own. Children 
who are able are obliged to support indigent parents. 

Relations of Husband and Wife. The most important 
relations between husband and wife are in general those 
arising under the marriage contract. The same general 
rules which were mentioned above as applying to all con¬ 
tracts apply to the marriage contract. The age at which the 
law allows persons to enter into the marriage relation is 
called the age of consent. This is usually twenty-one for 
man and eighteen for woman. The law does not recognize 
a marriage of near relatives. The ceremony required to con¬ 
stitute a valid marriage must be of a nature to show that the 
assent of the parties is mutual and that they are aware of 
the terms of the agreement which they are making. Mar¬ 
riages are sometimes contracted in New York State by draw¬ 
ing up a formal contract in the presence of the proper 
authorities and signing the same in the presence of wit¬ 
nesses. The wife is entitled on marriage under the common 
law to the dower right, that is, the right to the use of one 
third of any real estate her husband may have had at the 
time of the marriage or that he may acquire during the 
marriage. The husband, however, acquires no right by mar- 
riage to the property of his wife, unless she dies intestate 
after children are born to the family. The common law 
long recognized the dependence of the wife, and would not 


344 


SCHOOL CIVICS 


permit her to enter into any contract relation after marriage. 
This, of course, placed her property at the disposal of her 
husband. The statute law has changed this, and she may sell 
and transfer her separate property as though she were single. 
The wife is entitled to support under the marriage contract, 
and may compel her husband to support her even if they 
have separated, providing the separation is through some 
fault of his. If the wife be responsible for the separation, or 
if a court has granted them a divorce, then his responsibility 
for her support is terminated. 

Crimes: Punishment. There remain for consideration 
those offenses which not only threaten the rights of an in¬ 
dividual but in a larger sense are wrongs against society. 
Violations of any of the laws already considered are largely 
matters of individual injustice. Crimes are public wrongs, 
and as such must be considered apart. The state makes a 
careful distinction, and punishes these public wrongs with 
greater severity than those in which individuals only are 
involved. In the latter case a money penalty in the shape 
of a fine or a short imprisonment is sufficient to satisfy the 
injury. In the former the state inflicts a penalty with two 
objects in view, namely, " to reform the offender and deter 
him and others from committing like offenses, and to 
protect society.” The punishment varies from a simple 
fine to imprisonment and death. Capital punishment, how¬ 
ever, has lost favor in recent years, with the progress of 
humane ideas throughout the civilized world. 

Crimes against Person. It is possible to note only some 
of the more important offenses against society. Treason, 
the principal offense against the sovereignty of the state, 
has already been defined in another connection. Of the 
offenses against the lives and persons of individuals the 
most important are murder, manslaughter, and robbery. 


MUNICIPAL LAW 


345 


" Homicide ” is the general name applied to the taking of 
human life by human agency. If the killing be premedi¬ 
tated, or committed in connection with the commission of 
a crime, it constitutes murder; if the killing be without 
malice or intention, it is manslaughter. Robbery is taking 
his property from another with criminal intent, by violence 
or by putting him in fear of injury. 

Crimes against Property. The common crimes against 
private property are arson, burglary, larceny, and embezzle¬ 
ment. Arson is " maliciously burning another’s house . . . 
or other property.” ^ Arson in the first degree is burning 
an inhabited dwelling at night. Burglary is "breaking and 
entering the house of another . . . with intent to commit 
a felony.” ^ Larceny is criminally taking away the property 
of another without his consent and with the intent to con¬ 
vert it to the offender’s own use. It differs, then, from 
robbery in that violence does not enter into the act. Grand 
larceny is where the amount taken is large ; petit larceny, 
where it is of small value. Embezzlement (classed as 
larceny in some states) may be confused with larceny. It 
consists primarily in employing or removing as one’s own 
what may have been intrusted to one. Forgery is an 
offense against public and private securities, and consists in 
willfully making or altering any writing with intent to 
defraud. 

Crimes against Public Morals. Bigamy and polygamy 
are offenses against public morals. The first consists in 
contracting a second marriage when another already exists ; 
the latter, in having plural wives or husbands. 

Criminal Intent: Accessories. The intent to commit a 
crime is punishable no less than is its actual commission, 
although the punishment is often not so severe in case of 

1 See Spaulding, Encyclopedia. 2 ibid. 


346 


SCHOOL CIVICS 


a failure to commit the act. A person planning a crime, 
as well as the actual perpetrator, is also liable to punish¬ 
ment. The law recognizes two classes of accessories, those 
before the fact and those after the fact. The latter consist 
of persons who assist the criminal to escape, or who will¬ 
ingly render him any assistance to thwart the ends of 
justice after the act has been committed. The power to 
arrest a person committing a crime is vested in anyone 
who may see the act. If a person be only suspected of 
committing a crime, he can only be arrested on a warrant 
sworn to before a court and executed by an officer of 
the court. 

Criminal and Civil Suits: Procedure compared. The 
procedure in criminal and civil suits is similar in some 
respects. There are, however, marked differences, as will 
be noted in a careful examination of the steps in each. 
The parties involved are termed the plaintiff and the de¬ 
fendant. In a criminal case the person accused is the 
defendant and the people of the state are the plaintiffs or 
parties bringing the action. In like manner, in a civil case 
the party bringing the suit is termed the plaintiff and the 
other the defendant. 

Civil Suit. The first step in a civil case is usually a 
summons, served by the plaintiff or his lawyer, requiring the 
defendant to appear in person or through his lawyer at 
a given place, usually a court, to answer the complaint in 
an action. The summons may be accompanied by the 
complaint. If they are separate documents, then the com¬ 
plaint or charge is served on the appearance of the defendant 
or his lawyer. If the latter fails to appear, then the court 
enters judgment against the defendant. If he appears, he 
files his answer or demurrer. If these papers, called the 
pleadings, agree, then the plaintiff takes judgment, as there 


MUNICIPAL LAW 


347 


is no need of a trial. A trial is for the purpose of ascertain¬ 
ing the facts in the case and applying the law to the facts 
as determined by the evidence. At the desire of either 
party involved, the law allows the case to be tried before 
a jury. In some cases the hearing is before a judge alone. 
In jury cases, after a jury has been impaneled, the plaintiff 
or his lawyer opens the case and examines witnesses to 
prove his assertions, each of whom is subject to a cross- 
examination by the other side to bring out any facts likely 
to be prejudicial to the plaintiff or favorable to the defend¬ 
ant. The defendant’s side is then presented, his witnesses 
are examined, and are then cross-examined by the opposing 
counsel. The case is then summed up, usually by the 
defendant followed by the plaintiff. The judge then instructs 
the jury as to the law involved, and the jury retire to 
deliberate on the case. When they return they render, 
through their chairman (one of their number chosen by 
them), a decision called a verdict. The defeated party 
usually pays the costs of bringing the action, and drops the 
case or takes an appeal to a higher court. 

Criminal Suit. The national and state constitutions con¬ 
tain clauses requiring the grand jury to find an indictment 
before a person can be tried for an infamous or capital 
crime. This step may or may not be preceded by the 
arrest of the criminal. The law regards every man as 
innocent until he is proved guilty, and treats him accord¬ 
ingly throughout the trial. After a "true bill” indicting 
him has been found, a time is appointed for his trial, and 
he secures, or is furnished counsel for his defense. He 
may secure the attendance of witnesses by a subpoena, 
which is a writ compelling the attendance of persons having 
a knowledge of the crime. Before the trial the criminal is 
arraigned and allowed to plead guilty or not guilty. If he 


348 


SCHOOL CIVICS 


pleads guilty, the court proceeds to fix the sentence. The 
state of New York does not permit a man to plead guilty 
to an offense punishable by death. If he pleads not guilty, 
the state arranges for a trial, which is conducted in much 
the same way as in a civil suit. It is the business of the 
jury to determine the guilt or innocence of the accused on 
the basis of the evidence, and the judge fixes the sentence. 

Library References. Macy, chaps, xv-xvi, xx; Macy, First Lessons, 
chap. XV; Townsend, chaps, i-iv, vii, xi-xii, xix-xx; Bigelow, Bills and 
Notes, chaps, ii-vi, x-xvi; Dole, chaps, xv, xxxviii; Wharton; Spaulding, 
Encyclopedia. 


QUESTIONS ON THE TEXT 

1 . Define " law ” ; '' common law ” ; ” statute law.” 

2 . Distinguish between constitution ” and " statute law.” 

3. Define " real estate ” ; ” fee simple ” ; ” estate in fee ” ; 
'' guardian” ; '' personal property.” 

4. What is a contract ? Mention three things essential to the 
validity of a contract. Give an example of a contract that is not 
binding. 

5. What is the fundamental rule of law with regard to con¬ 
tracts 

6 . Mention two classes of persons who cannot be compelled to 
fulfill a contract. 

7. Define the following classes of contracts ; (i) oral; ( 2 ) writ¬ 
ten ; ( 3 ) express; ( 4 ) implied. 

8 . What persons are infants in the eyes of the law } In what 
respect are their powers limited ? 

9. Describe the process of transferring the title to real estate 
in this state. 

10 . Define ” statute of limitations ” • '' deed ” ; " warranty 

deed ” ; ” dower ” ; ” minor.” 


MUNICIPAL LAW 


349 


11. In purchasing real estate, what investigations as to title 
should be made and what formalities observed ? Give reasons. 

12. Explain the purpose of each of the following steps in the 
sale of real estate : signature of conveyer’s wife ; acknowledgment 
of signature ; delivery of deed to purchaser; recording of deed. 

13. What is meant by recording a deed of real estate ? Give 
two reasons why it is important that deeds be recorded. 

14. What is a will ? What formalities as to signature and wit¬ 
nesses are necessary to give validity to a will ? Mention two ways 
in which a will may be revoked. 

15. Define " lease.” What effect has the sale of leased property 
on the rights or liabilities of the tenant? When may a landlord 
evict his tenant and how must he proceed ? 

16. Define " right of way ” ; " mortgage ” ; '' lien.” 

17. In what manner is personal property transferred ? 

18. How may the holder of a note payable to his order transfer 
it and avoid liability for its payment ? 

19. What are indorsements? Mention three kinds of indorse¬ 
ments. What is commercial paper ? negotiable paper ? 

20. Explain the importance of the words ” for value received ” 
in a promissory note. 

21. State the differences between an administrator and an 
executor. 

22. If no will be made, how is the property of a man divided 
among his widow and children ? 

23. Define ” slander ” ; '' libel ” ; distinguish between them. 

24. State briefly the legal rights and obligations existing be¬ 
tween parent and child. 

25. Define ” crime.” What is the object of punishing crime? 

26. Define " arson ” ; " felony ” ; ” burglary ” ; ” robbery ” ; 
" perjury ” ; " forgery ” ; '' usury.” How is a grand jury drawn ? 

27. Resolved: That capital punishment be abolished. Debate 
this question. 


350 


SCHOOL CIVICS 


28. A person is arrested, charged with larcency; mention two 
rights possessed by the prisoner and give the successive steps that 
will result in his conviction or acquittal. 

29. Define ” bail.” Mention an offense that is not bailable. 

30. What is meant by indictment; conviction ; acquittal ? 

31. Distinguish between a grand and a petit jury as to (i) num¬ 
ber of members ; ( 2 ) duties ; ( 3 ) mode of conducting business. 

32. Describe the proceedings in an ordinary civil case. 


CHAPTER XXII 


AMERICAN POLITICS AND POLITICAL PARTIES 

Importance of Parties. In the study of pur political sys¬ 
tem as described in the foregoing pages vve have several 
times touched upon a phenomenon which must now be ex¬ 
amined more closely if we wish to understand how our gov¬ 
ernment actually does its work. This is the phenomenon of 
political parties. With us government is unquestionably party 
government. It would be difficult indeed to overestimate 
the importance of the role played by party in this country 
Everywhere and always the wishes of the people, so far as 
they find expression in the government at all, do so through 
some organized political party. As a recent writer has said : 
" There is scarcely a law made, an official chosen, or a 
policy discussed, concerning which the political party does 
not exercise the predominating influence.” To the youth 
training for citizenship, therefore, it cannot but be a matter 
of some importance to know something of the history of 
political parties in the United States, something of the 
policies which the various parties have advocated, and par¬ 
ticularly something of the methods by which the work of 
parties is accomplished. 

Earliest Parties in the United States. It is unnecessary 
to our present purpose to inquire into the history of political 
parties in the United States before the Constitutional Con¬ 
vention of 1787. The debates of the Convention and the 
discussion over the adoption and ratification of the Consti¬ 
tution revealed the most important of the issues upon which 
351 


352 


SCHOOL CIVICS 


men were to divide for the first time in our history into two 
great political parties. The first question at issue between 
the two parties was the question of the acceptability of the 
Constitution itself. We have already seen (pp. 72, 76) that 
in the Constitutional Convention, as well as in the state con¬ 
ventions called to ratify the Constitution, two opposing opin¬ 
ions were strongly held. One party, to which the name 
"Federalist” soon came to be applied, contended urgently 
for a strong central government, those holding extreme views 
even cherishing, it is said, some hope of a monarchy.^ The 
Antifederalists, on the other hand, were opposed to the Con¬ 
stitution, the extremists wishing at most for a mere league 
between the thirteen independent states, and even the more 
moderate ones deeply distrustful of the new instrument and 
willing to ratify it only because they despaired of obtaining 
anything more satisfactory. 

Changes in Antifederalist Party. There was at first 
among the Antifederalists too little agreement to make 
them an effective political opponent. Almost their only 
point of agreement was their opposition to the Constitution. 
Gradually, however, this opposition died away, and the 
party as a whole accepted the Constitution unreservedly, 
merely insisting that the document should be so construed 
as to forbid any extension of the powers of the federal gov¬ 
ernment beyond those expressly granted. In other words, 
the party became a " strict construction ” party. Gradually, 
too, the discordant elements became more united, until 
finally fear of the growing power of the central government 
and sympathy with the principles that had led to the es¬ 
tablishment of the French republic and its declaration of 
war against England consolidated them into a political 
party with a definite body of opinion and a positive name 

1 Johnston, American Politics, p. 15. 


POLITICS AND POLITICAL PARTIES 


353 


of its own. They called themselves Republicans, or Demo¬ 
cratic Republicans, because of their sympathy with the 
French republicans, and under the leadership of Jefferson 
soon become a power to be reckoned with. 

Policies. The Federalists, as was just said, advocated first 
of all a strong central government; and, since a liberal con¬ 
struction of the provisions of the Constitution was in general 
favorable to a wide extension of the powers of the federal 
government, the party was from the beginning a " loose or 
liberal construction ” party. It was quite in accord with this 
policy of extending the powers of the federal government 
that the Federalists should advocate, as they did, the impo¬ 
sition of a tariff for the protection of manufactures, the 
expenditure of public money by the general government on 
far-reaching internal improvements, and the establishment 
of a national bank. To all of these policies the Democratic 
Republicans were strongly — at times bitterly — opposed. 
The party was the defender of the prerogatives of the states 
as against the federal government, in general the assertor 
of democratic principles, with an abiding faith in the ability 
of the people to manage their own affairs if let alone. To 
all extensions of federal power it was, in theory at least, 
unalterably opposed. Neither party, however, found itself 
able under stress of circumstances to hold unswervingly to 
its avowed principles. We shall find the Federalists in the 
Hartford convention advocating extreme strict-construction 
principles; while the Democratic Republicans, on the other 
hand, once they had become the party in power, found them¬ 
selves more than once compelled, in order to administer the 
government successfully, to sanction the widest extensions 
of federal authority. The policy advocated by the Federalist 
Party made it naturally the party of the mercantile and 
manufacturing classes and attracted in general the more 


354 


SCHOOL CIVICS 


conservative element of the population, who had been 
shocked by the excesses of the French Revolution and 
who attributed these excesses to the influence of democratic 
theories. It found its strongest support in New England 
and the Middle States, where the commercial interest 
centered. The Democratic-Republican Party was the party 
of the masses, the great agricultural portion of the com¬ 
munity, and of the South. 

The Federalist Supremacy. When the government was 
first organized under the new Constitution, parties were in 
a state of considerable confusion. The Federalists, to be sure, 
were already fairly well organized and possessed of a more 
or less definitely formulated policy; but the Antifederalists 
had not yet learned to act together. The more moderate 
members of the party, if it may be called a party at all, at 
first voted generally with the Federalists; and thus it came 
about that the Federalists, though they were probably numeri¬ 
cally the weaker party, came first into power. Washington, 
who had been elected by both parties and who was not a 
member of either, tried to maintain the balance as evenly 
as possible between the two parties, but was thrown, partly 
through Hamilton’s influence but more through the exi¬ 
gencies of administration, upon the side of the F'ederalists. 
Thus the Federalists at first had the upper hand and were 
able to pass a number of important measures before their 
defeat in 1800 deprived them permanently of control of 
the government. 

The Public Debt. Most important among these measures 
were those recommended by Hamilton in his famous report 
on the settlement of the public debt. Hamilton’s recommen¬ 
dations were three in number: first, that the foreign debt of 
the confederacy should be paid in full according to the terms 
of the original contracts; second, that the "domestic debt” 


POLITICS AND POLITICAL PARTIES 


355 


(that owed to citizens of the United States) should also be 
paid at par; and third, that certain portions of the debts of 
the several states should be assumed and paid by the United 
States as a part of its own debt. With the first recommen¬ 
dation all agreed, and it was passed without dissent. The 
second aroused much opposition, but Hamilton after long 
debate succeeded in convincing the majority that the credit 
of the new government depended upon the payment of the 
certificates at their full face value, and this recommendation 
also was finally passed. The third recommendation in¬ 
volved the question of the powers of the federal government, 
and the Antifederalists were unitedly opposed to it. Before 
the matter was settled the arrival of seven new members 
from North Carolina, which had come into the union in 
November, 1789, so strengthened the Antifederalists that 
the recommendation was defeated by a majority of two. It 
was only by means of a bargain with Jefferson that Hamilton 
finally secured the passage of a measure similar to but not 
exactly like that outlined in his original report. It was 
agreed that, in return for the passage of this measure, 
another should be passed locating the national capital per¬ 
manently upon the Potomac after it had remained in Phila¬ 
delphia for ten years. 

Other Important Measures. Among other important laws 
passed through Hamilton’s influence in spite of strenuous 
opposition were one providing for the establishment of a 
United States bank and one for raising revenue by means 
of an internal-revenue tax, or excise. The bill for establish¬ 
ing a national bank raised again the question of the powers 
of the federal government and met with the opposition which 
that question always aroused. Nevertheless, the bill passed 
both Houses of the legislature and received the president’s 
signature after very careful deliberation, in the course of 


356 


SCHOOL CIVICS 


which he called for the written opinions of the members of 
his cabinet. The arguments then presented by Hamilton in 
favor of the establishment of the bank and by Jefferson 
against it have hardly been added to or improved upon 
since, although this question of a United States bank re¬ 
mained a bone of contention between the parties for half a 
century. Under Hamilton’s leadership also was established, 
for the support of the general government, a system of 
indirect taxation which was destined to remain long in use. 
The two methods of raising money, down to the present 
day, for the support of the federal government — the tariff 
and the internal-revenue tax—were initiated by him. 

Decline of Federalists and Rise of Democratic Republicans. 
We have seen that the contending factions included at first 
under the general term "Antifederalists” soon coalesced to 
form the much better organized and much more formidable 
Democratic-Republican Party. For this result the Federal¬ 
ists themselves were in large part responsible. It soon be¬ 
came evident that the Federalist Party as a whole entertained 
views in regard to the powers of the central government 
which public opinion was not yet willing to sanction. It 
trampled too recklessly on the sentiment of local and per¬ 
sonal independence, and was too willing to subordinate and 
even to sacrifice the ever jealously guarded prerogatives of 
the states to the interests of the general government. The 
inevitable result was to alienate the more moderate section 
of the Antifederalists, who had at first voted with their natu¬ 
ral opponents. After Washington’s retirement from office 
the P'ederalists succeeded in electing his successor, Adams; 
but during his administration their injudicious exercise of 
power in the passage of the Alien and Sedition Acts^ 

1 One of these acts gave the president power to order the removal 
from the country of aliens judged to be dangerous and to imprison those 
so notified who failed to comply. Another imposed a penalty of $5000 and 


POLITICS AND POLITICAL PARTIES 


357 


sealed their fate. In the presidential election of 1800 the 
Democratic Republicans were successful, and the Federalists 
never again came into power, though they remained a strong 
minority for some time after that election. 

The Hartford Convention. It was the famous Hartford 
Convention that gave the party its death blow. This assem¬ 
bly of delegates from the New England States, the strong¬ 
hold of the Federalists, was called in 1814 for the purpose 
of conferring upon the subject of the grievances of these 
states arising out of the conduct of the war by the admin¬ 
istration. The convention seems to have been entirely legiti¬ 
mate in its object; but the secrecy of its proceedings gave rise 
to a suspicion that its designs were treasonable, and it proved 
the political ruin of the party with which it originated. With 
the close of the war the Federalist Party disappears. 

A Period of Transition. For a short time party spirit de¬ 
clined, and in 1820 Monroe was reelected by every vote 
save one in the electoral college. It would hardly be ac¬ 
curate, however, to say that the Democratic Republicans 
held the field. If the Federalists toward the end of their 
career, moved by sectional interests, had adopted strict- 
construction principles, it was no less true that the Demo¬ 
cratic Republicans had sanctioned a more and more liberal 
interpretation of the Constitution; so that by 1820 the 
attitude of the party on this question had changed com¬ 
pletely. It was not so much an "era of good feeling," as 
this second administration of Monroe is frequently called, 
as it was an era of transition, in which old party lines had 
been to a great extent obliterated and new ones had not 
yet been clearly drawn. Indeed, it was not an era of good 
feeling at all; but, so far, at least, as the political leaders 

five years’ imprisonment for conspiring against the government. A third 
made a residence of fourteen years necessary before an alien could become 
a naturalized citizen. 


358 


SCHOOL CIVICS 


were concerned, it was an era of very ill feeling, in which 
party divisions were based on personal animosities rather 
than principles. 

Rise of Democrats and National Republicans. It was 
under the influence of the personal hostility of two great 
leaders. Clay and Jackson, that two distinct political parties 
were again formed, about 1830. One of these, known hence¬ 
forth as the Democratic Party, reasserted the principles of 
the Jeffersonian Republicans. It demanded strict construc¬ 
tion of the Constitution, defended States’ rights, and de¬ 
clared hostility to protection. The other party, called at 
first National Republicans, later Whigs, was formed out of 
those elements of the Democratic-Republican Party that had 
adopted loose-construction principles. To a considerable ex¬ 
tent they maintained the traditions of the Federalists as the 
Democrats did those of the Democratic Republicans. They 
believed, among other things, in internal improvements and 
protection of home industries by means of the tariff. 

The Slavery Question. Meantime another question was 
forcing itself upon public attention — the question of the 
extension of slavery west of the Missouri. At first both 
parties tried to keep it out of politics, but in vain. In the 
end they were obliged to adapt their policies to it. By 
1852 the Democratic Party had become distinctly the pro¬ 
slavery party; but the Whigs were still attempting a policy 
of compromise—a policy which soon proved fatal to them. 
In the presidential election of 1852 the Whig Party suffered 
a crushing defeat, and two years later the remnant of the 
party finally broke to pieces over the bill for organizing 
Kansas as a territory. 

Rise of Republican Party. The Democrats were not left 
long without an opponent however. Very promptly a new 
party arose, which united the antislavery forces under the 


POLITICS AND POLITICAL PARTIES 


359 


name of Republicans. In the presidential election of i860 
dissensions within the Democratic ranks gave the victory to 
the new party, and Lincoln was elected to the presidency. 
From that time until 1912, when Theodore Roosevelt 
(p. 261) in his struggle for a third term "bolted” and formed 
a new party, the Republicans retained control, with the 
exception of the Cleveland administrations. 

Parties since 1880. The issues growing out of the Civil 
War may be said to have been settled by 1875 or 1880. 
Since then the two great parties have remained the same 
in name. New issues have arisen, though no great all- 
absorbing question like that of slavery has centered public 
attention upon itself to the exclusion of everything else. 
Among the later questions upon which the parties have 
divided may be mentioned the tariff question, which was 
most prominent from 1880 to 1892; the question of the 
free coinage of silver, which held first place from 1892 
to 1898; and the questions growing out of the Spanish- 
American War, which have been uppermost since 1898. 

The Work of Parties. Such is, in brief outline, the his¬ 
tory of political parties in the United States. Let us now 
see something of the way in which parties have organized 
themselves for the work that they have to do. The politi¬ 
cal party performs three functions. It is its business (i) to 
formulate the political principles of its members and to out¬ 
line the policies which they wish to have carried out; (2) to 
provide the machinery by which its members may nominate 
candidates representative of their opinions; and (3) to or¬ 
ganize the voters of the party in such a way that its candi¬ 
dates may, if possible, be elected. At the present time the 
first two of these purposes are effected through the agency 
of the party convention, the last through the permanent 
committee. 


36 o 


SCHOOL CIVICS 


History of the Convention: the Congressional Caucus. 

The party convention has grown up gradually in the course 
of our party history. For the first two presidential elections 
there was no need for nominations, since all parties desired 
the election of Washington. In 1796 also, though there 
were two candidates, each was the unanimous choice of 
his own party, and it did not occur to either party to make 
a formal nomination. The first need for a nomination arose 
in 1800. The Federalists had already agreed upon Adams, 
and the Democratic Republicans upon Jefferson, as their re¬ 
spective candidates for the presidency, but the latter party 
was in doubt about its candidate for vice president. Accord¬ 
ingly a meeting of the Republican members of Congress 
was called and nominated Aaron Burr. The meeting was 
notable in two respects: it was the first congressional caucus 
ever held, and it made the first formal party nomination. 
For the next four elections the candidates were regularly 
nominated by congressional caucuses; but this method of 
nomination, which had aroused opposition from the first on 
the ground that it deprived the people of the right to choose 
their own candidates, met with less and less approval as time 
went on. In the election of 1824, when the Democratic- 
Republican Party had the. political field practically to itself, 
the nominee of the congressional caucus was defeated, and 
no more congressional caucuses were held. 

Various Methods of Nomination. For a time there was 
no uniform method of making nominations, candidates 
being recommended by state legislatures and by popular 
assemblies held somewhat at random. In 1832 one of 
these assemblies, after indorsing the nominations previ¬ 
ously made by the Whigs, formulated a series of ten 
resolutions, which is notable as the first political platform 
ever adopted by a nominating convention. By 1840 these 


POLITICS AND POLITICAL PARTIES 361 

somewhat haphazard assemblies had become regular national 
conventions made up of delegates from nearly all the states. 
In that year such conventions were held by both Demo¬ 
crats and Whigs, and the example has since been invariably 
followed by all political parties. 

The Convention perfected. In the years that have 
followed since its adoption the national convention has 
gradually perfected its form. To quote Mr. Bryce : '' The 
early conventions were to a large extent mass meetings. 
The later and present ones are regularly constituted repre¬ 
sentative bodies, composed exclusively of delegates, each of 
whom has been duly elected at a party meeting in his own 
state and brings with him his credentials.” ^ 

The Convention: its Organization and Work. At the 
present time the national convention of each of the parties 
meets in the summer preceding a presidential election. 
Each state sends twice as many delegates as it has sena¬ 
tors and representatives in the national legislature. Occa¬ 
sionally a state’s whole delegation is chosen by the state 
convention; but generally the state convention chooses 
four delegates (corresponding to the two senators), while 
conventions in the congressional districts choose two each. 
There are four regular convention committees — on organi¬ 
zation, on credentials, on rules, and on resolutions. Usually 
about two days are consumed in the preliminary work of 
organization. About the third day the committee on reso¬ 
lutions reports the platform — a formal declaration of the 
principles of the party and a statement of the issues for 
which it stands in the campaign. This may be adopted 
with little or no opposition, or it may call forth much 
debate and may be accepted only after considerable modi¬ 
fication. The platform once accepted, nominations for 

1 Bryce, American Commonwealth, Vol. II, p. 178. 


362 


SCHOOL CIVICS 


candidates for president are in order, and these are made 
by the state delegations as the roll of the states is called. 
After a candidate for president has been selected a candi¬ 
date for vice president is chosen, and the work of the 
convention is done. 

Party Differences. The conventions of the two great 
parties employ practically the same methods. They differ, 
however, in two respects. In the Democratic national con¬ 
vention the vote is by states, that is, the entire state dele¬ 
gation votes as the majority may decide, although more 
than one candidate may be voted for if the majority agrees 
to it. The Democrats also require a two-thirds vote for 
nomination. In the Republican convention, on the other 
hand, each delegate may vote regardless of the wishes 
of the majority of the delegates from his state; and a 
majority vote of the delegates constitutes a nomination. 

Methods of choosing Candidates. Until recent years the 
convention system was universally followed in state and 
local politics; and practically all nominations for important 
elective offices, except those for president and vice presi¬ 
dent, were made in the state and local conventions. The 
delegates to the state conventions were chosen by the local 
conventions; while the delegates to the local conventions— 
city, county, and even congressional-district conventions — 
were chosen in the primaries. The procedure in these minor 
conventions was modeled closely on that of the national 
convention (see p. 361). In recent years, however, the 
direct-primary-election plan has been widely substituted 
for the convention plan. Under the primary plan all can¬ 
didates for office are nominated in the primary election 
(except independent nominations by petition). The practice 
differs in different states, but in general to secure one’s 
name on the primary ballot it is first necessary to secure 


POLITICS AND POLITICAL PARTIES 363 

a blank form from the commissioners of election and obtain 
the required number of signatures of voters of the party. 
This done, the name is placed upon the primary ballot, 
together with the names of all other candidates for the 
same office in the same party. There is but one primary 
election, in which all parties participate. To distinguish the 
different parties in this primary a different-colored ballot is 
used for each. P'rom the list of candidates the voter indi¬ 
cates his choice by making a cross (X) with a black-lead 
pencil opposite one name for each office. Those receiving 
the largest vote in the primary become the candidates of 
their party. Nomination by petition occurs whenever the 
party interested is not satisfied with the results of the 
primary election. In order to secure a nomination inde¬ 
pendent of all parties, the candidate must secure the signa¬ 
tures of a certain per cent of the voters and designate an 
emblem to be printed before his name. His name is then 
placed upon the ballot, which goes before the voters at the 
general election, with the names of those regularly nominated 
at the primary. 

The Committees: National Committee. When once the 
nominations are made, the conduct of the campaign is 
intrusted by each party to a series of permanent commit¬ 
tees— one for the country at large and one for each state, 
county, city, town, and ward — which together constitute 
what is often spoken of as the " machine.” The national 
committee is composed of one member from each state 
selected either at the national convention, usually after the 
wishes of the nominees have been consulted, or at the state 
conventions, which are held just before each national con¬ 
vention. This committee fixes upon the place and time for 
holding the national convention and issues the call for that 
meeting. It also collects and disburses the money necessary 


364 


SCHOOL CIVICS 


in conducting the campaign. Money for campaign purposes 
is obtained by contributions from interested members of the 
party. Part of it is handed over to the local committees 
and part retained by the national committee for the purpose 
of furnishing campaign literature and paying speakers to 
tour the country. 

Lower Committees. Since state and local elections occur 
much more frequently than national ones, the work of the 
lower committees is more nearly continuous. The state 
committee, made up of representatives from the counties, 
names the time and place for the state convention, over¬ 
sees the local committees, and takes charge of state and 
congressional elections. The lowest committees — county, 
city, town, and ward — are in many respects the most im¬ 
portant in the whole system, since they are able to bring 
a personal influence to bear directly upon the voters. This 
they do, not only at elections, by seeing that as large a vote 
as possible is cast for the party candidates, but in the 
primaries, where they exert themselves to the utmost to 
secure the selection of such delegates to the higher con¬ 
vention as meet their approval. 

Importance of the Primary. No scheme of government 
is any better or stronger than the men chosen to carry it 
into effect. One plan may be better than another, but any 
plan will result in good government if the men chosen to 
administer it are trustworthy and capable; and any form of 
government, however excellent, will result unsatisfactorily 
to the people without such men to. administer it. There¬ 
fore the voter’s greatest responsibility in the cause of good 
government is the faithful performance of his duty in the 
selection of strong and capable men as candidates for office 
through the primary. Remaining away from the general 
election does the cause of good government less harm than 


POLITICS AND POLITICAL PARTIES 365 

remaining away from the primary. By discriminating in 
the matter of signing nominating petitions, and by a care¬ 
ful study of the men finally placed upon the primary ballot, 
the individual voter has it completely within his power to 
determine the kind of men we shall have for the adminis¬ 
tration of our affairs in local, state, and national government. 
Whether we shall have honest and efficient public officials 
or the opposite is squarely up to the individual voter. 

Necessity of Organization. Under present political methods 
the success of our government, national and local, is depend¬ 
ent upon the nomination of satisfactory men for office; and 
the nominations, as we have already seen, must be controlled, 
if at all, through the primary. To this fact men of question¬ 
able political methods are keenly alive. They know that un¬ 
less they can control the primary their occupation is gone; 
and they attempt, therefore, by a carefully planned organiza¬ 
tion before the caucus, or primary, is called, to secure the 
appointment of delegates, or candidates, representing their 
peculiar notions of government. If they are to be prevented 
from securing the adoption of their methods, men of higher 
political ideals must organize and control results. Too often 
such men not only fail to make preparation, but even stay 
away from the caucus. Those principles which secure con¬ 
trol of the caucus can easily control the rest of the political 
machinery, which may be so dangerous and yet is so indis¬ 
pensable in a representative form of government. No one 
who remains away from the caucus when he might attend, 
has any right to blame others for the results of his own 
negligence. One man* at the primary has more power in 
shaping the policy of his country than ten men at the polls 
on election day. 

The Necessity of Parties. The question may be asked : 
What is the necessity for political parties } Could we not 


366 


SCHOOL CIVICS 


do as well without them ? A party may be generally defined 
as a union of individuals holding the same general opinions 
upon the questions named in the constitution, or platform, 
of the organization and striving to carry these opinions into 
effect. This definition suggests some of the facts which 
make political parties a necessity. It suggests first that dif¬ 
ferent men hold different opinions in regard to political 
affairs, as they do in regard to other things; and these 
different opinions find voice through the political party. 
Furthermore it suggests that men naturally desire to see 
their political beliefs embodied in the actual government by 
the nomination and election of representatives who hold 
identical or at least similar views ; and this work of nomina¬ 
tion and election is one that can in general be accomplished 
only through the political party. 

The Duty of the Citizen. It is the plain duty of every 
American citizen to belong to some political party, to attend 
its primaries, and to take an active part in them. If the 
principles are not satisfactory and the policies need chang¬ 
ing, then it is his duty to take an active part in changing 
the principles and policies. The primary is the only purely 
democratic meeting in state and national politics. There it 
is every man’s privilege to express his views and to form, 
in the interest of good government, factions that are feared 
by corrupt party leaders. If he wishes to do this success¬ 
fully, let him learn to debate. Let him learn to express him¬ 
self clearly and forcibly. Let him study the great speeches 
that have changed the destiny of mankind. Let him take an 
intelligent part in the affairs of his party, and the country^ 
will be safe. 

Civil Service. For many years the principle to the vic¬ 
tors belong the spoils ” was applied to the various positions 
under the control of the federal government. A political 


POLITICS AND POLITICAL PARTIES 367 

party should stand for efficient government economically 
administered. This is sound business, and the most that a 
government has to do is simply business as conducted by 
any other organization. President Cleveland reminded us 
that "a public office is a public trust,” an opportunity for 
service. The vast majority of federal officeholders are clerks, 
chemists, engineers, bookkeepers, and the like, the same as 
are found discharging the details of business connected with 
our great railroads and manufacturing concerns. The princi¬ 
ples of sound business which apply to the one apply with 
equal force to the other. Congress has recognized these 
principles to some extent and has at different times passed 
laws removing from political patronage certain classes of 
federal employees, so that many thousands have now with¬ 
drawn. Candidates for these positions are appointed, as a 
result of a written examination, upon merit and fitness. The 
establishment of a civil service free to a large degree from 
political control has formed, and its extension is still likely 
to continue to form, an important part in future political 
campaigns. 

Library References. Macy, chaps, xlii-xlvi; Macy, First Lessons, 
chap, xxvii; Fiske, pp. 240-241, 271-281; Hinsdale, p. 112; Bryce, 
Vol. I, chap, xlvi; Vol. II, Parts III-V; Johnston; Wilson, §§ 873-880; 
Montgomery; Dole, chaps, xx-xxii; Lalor, articles on " Party Govern¬ 
ment in the United States,” ” Nominating Conventions,” ” Abuses in 
Politics,’’etc.; McMaster; Schouler; Channing; Harper’s Book of Facts. 


QUESTIONS ON THE TEXT 

1. What is meant by "strict constructionists”.? Under what 
names have they been known at different times in our history? 
Who were their opponents, and what have they been called ? 

2. Of present-day political parties, which represents the strict 
constructionists ? Are their opponents still represented ? 


368 


SCHOOL CIVICS 


3. What three recommendations did Hamilton make to the 
first Congress concerning the finances of the confederation ? Dis¬ 
cuss the fairness of each. 

4. What was the origin of our present system of internal 
revenue ? of our tariff ? 

5. What great issues have played an important part in the 
political history of our countiy } 

6. Explain the terms ” rotation in office ” and " tenure of 
office ” as applied to government service. 

7. What is meant by the "spoils system”? When was it 
introduced ? 

8. Give the successive steps in the process of nominating and 
electing (i) a candidate for the presidency; ( 2 ) a candidate for 
membership in the House of Representatives. 

9. What is a party platform ? 

10. Define " caucus ” ; " convention ” ; " primary.” 

11. Explain the importance of the caucus as a factor in a rep¬ 
resentative form of government. 

12. Mention two benefits and two evils due to the prominence 
of political parties in our system of government. 

13. Give arguments either to establish or to controvert the fol¬ 
lowing: " Parties appear to be necessary in all free governments.” 

14. What is meant by civil service ? by " a public office is a 
public tnist ” ? 


CHAPTER XXIII 


INTERNATIONAL LAW 

Other Governments : their Relation. After we have com¬ 
pleted our study of the local, state, and national government, 
there still remains for us to learn how other nations are 
governed and how we are affected by the relations of our 
government with other governments. This relation is regu¬ 
lated by international law. It consists of a body of usages, 
customs, maxims, and institutions of long standing, defining 
the duties and responsibilities of nations in their relation 
under certain conditions, but which no nation is bound to 
observe and yet whose violation would be considered as very 
bad form and might lead to armed interference. When 
Christian states began to communicate with one another, they 
soon realized that they ^ach had certain rights and certain 
corresponding obligations. Moreover, they soon recognized 
that, as nations have a common nature and a similar end to 
fulfill, there is an equality of rights between them, and that 
by observing the common rules growing out of the principle 
involved in the golden rule they promote the interest and 
advantage of all. 

The Origin of International Law. It has already been 
intimated that international law began when Christian states 
began to have dealings with one another. It starts with inter¬ 
course, which begins when a state has entered into official 
relations with other states. It is not enough for an individual 
to land at a foreign port with a cargo of goods ; that does 
not constitute intercourse in the legal sense. It is only 

369 


3/0 


SCHOOL CIVICS 


when nations have entered into official commercial or politi¬ 
cal relations (usually by treaty), followed by an exchange of 
ministers, that true intercourse is established. With this 
intercourse comes a recognition of mutual rights and obliga¬ 
tions, and certain rules are observed in the relations between 
states. As nations advance in civilization they tacitly or by 
formal agreement renounce certain barbarous practices and 
thus add a number of new rules to the body of international 
law. Most of the rules observed by civilized nations can be 
traced to one of two sources. They are either the outcome 
of treaties by which " states acting in pairs or groups have 
agreed to be bound by certain principles in their relations 
with each other,” or they have found their way into the law 
books as the result of certain formal customs growing out 
of international action. 

Compared with Municipal Law. When this branch of law 
is compared with the ordinary law governing the individual 
in his relations to the state or its subdivisions, certain differ¬ 
ences appear (Chapter XXI). One noteworthy difference 
between them is the lack of precision and the comparative 
uncertainty of international law. There is no authority set 
above the nations whose command it is,” and its enforce¬ 
ment therefore depends largely upon the moral sentiment 
of the states that have consented to it. It is true that it is 
sometimes confirmed, and violations of it are punished, by 
municipal laws, as in the United States; and there always 
remains the last means of securing its observance — namely, 
war. These methods, however, are inadequate and unsatis¬ 
factory as compared with the means of enforcing municipal 
law. The legislatures of states are ever ready to make or 
to change a law governing the individual, but there is no 
similar body that can be importuned to make laws regulat¬ 
ing the relations of nations. When there is added to this 


INTERNATIONAL LAW 


371 


the lack of a regular judicial system to pass upon violations 
of international law, its rules would appear to have no very 
strong claim upon the consideration of the civilized world; 
but the sentiment of justice, which exists in every human 
breast alike, permeates nations also, and the spirit of fair play 
gives to the rules of international law an authority in some 
cases as powerful and far-reaching as that of municipal law. 

Sovereignty. Before entering upon a consideration of 
some of the rights and obligations recognized by the law 
of nations we must return to our definition of sovereignty. 
On page 19 we found that sovereignty is the supreme power 
by which a state is governed. A completely sovereign state 
is one that possesses the supreme power of governing itself 
in all its relations, internal or external. Such a state may 
establish its own form of government; may make and en¬ 
force its own laws, impose taxes, and exercise the right of 
eminent domain ; may support military and naval forces; 
may plant colonies, establish protectorates, and acquire new 
territory; may enter into relations with other nations; and 
may make war and peace. Such a state may also surrender 
its sovereign rights and be merged in another state, or it 
may surrender a part of them and become a member of 
a federation or a confederation; but if, by such surrender, 
it resigns the right to enter into relations with other nations 
and to make war, it thereby loses at least its external sover¬ 
eignty, and the law of nations is no longer applicable to it. 
So long as a state retains the power of self-government in its 
relations with other states, it remains, in the view of inter¬ 
national law, a sovereign state and may claim equality of 
rights with all other sovereign states. 

Recognition. When a community, in the process of its 
development, has attained "'an independent existence, per¬ 
forming the functions of a state and able to take upon itself 


372 


SCHOOL CIVICS 


state responsibilities,” it is entitled to recognition^ as a 
state by other sovereign states. It remains, however, the 
prerogative of every nation to decide for itself whether an 
independent state has really been established, and it may 
therefore recognize a community where the new order of 
things has not yet been fully accepted. On the other hand, 
recognition of a revolted colony or of a revolutionary party 
while armed strife is still in progress is evidence of hostility 
toward the mother country or the disturbed state, and may be 
made a ground for war. When a state has gained recognition 
from one or more sovereign states, it is entitled to enter into 
relations with the states thus recognizing it, but it is not ad¬ 
mitted into full membership in the society of nations until 
it has been recognized by all. 

Jurisdiction. Every state possesses territory over which 
and within which it exercises sovereign rights. Such exer¬ 
cise of a state’s authority is called its jurisdiction. A state 
acquires territory in a variety of ways—"by discovery and 
possession; by purchase ; by conquest; by treaty; and by 
prescription, or uninterrupted and exclusive possession dur¬ 
ing such a length of time as to make it unreasonable for 
another nation to set up a prior or an adverse title.” The 
territory of a state includes (i) not only all the land but also 
all the waters (interior seas, lakes, and rivers) lying wholly 

1 In the matter of recognition the United States has borne an important 
part. Before the American Revolution there was no theory of recognition. 
The attitude taken by the United States toward France during the French 
Revolution, in recognizing any government accepted by the French people, 
was a decided step in advance; but it was not until the doctrine of neutrality 
had been defined by Washington’s cabinet, in the proclamation of 1794, 
that the doctrine of recognition could assume definite form. The United 
States has always taken the high ground of international right, and it 
was this principle that actuated President Monroe in his proclamation 
in 1823 recognizing the South American republics in their struggle for 
independence. 


INTERNATIONAL LAW 


373 


within its boundaries; and (2) the sea to a distance of about 
three miles from the coast. Claims to exclusive jurisdiction 
over littoral seas or bays have usually been held invalid 
where such waters must be used by another nation in order 
to obtain access to its territory from the high seas, or where 
they are not somewhat narrowly inclosed by promontories 
belonging solely to the claimant. Where a river forms a 
boundary, the jurisdiction of the state extends to the middle 
of the stream or to the middle of the channel that is best 
adapted to navigation. Over all its own citizens within these 
territorial limits, and over all others who may be sojourning 
within its borders, either as alien residents or as travelers, 
the state exercises jurisdiction. It exercises also a certain 
amount of exterritorial jurisdiction — for example, by the 
rule of international law that makes inviolable the persons 
of diplomatic agents, together with their embassies, legations, 
residences, and all property belonging to them in their 
diplomatic capacity. 

Intercourse. This term has already been defined. Inter¬ 
course is not something that can be demanded as a right 
except in extreme cases, as when " one nation cannot do 
without the products of another, or must cross its borders 
to get at the rest of the world.” On the other hand, when 
it is once granted, it cannot be terminated without a violation 
of international law. China or Japan could not refuse inter¬ 
course now without precipitating a war, since every nation 
having intercourse with those countries now regards it as a 
precious right to be safeguarded by every possible means. 

Diplomatic Agents. For the purpose of facilitating inter¬ 
course, nations have found it advisable to maintain in foreign 
countries agents to represent them and to further their in¬ 
terests. These agents belong either to the diplomatic service 
or to the consular service. Diplomatic agents are divided 


374 


SCHOOL CIVICS 


into four classes: (i) ambassadors, legates, and nuncios of the 
Pope; (2) ministers plenipotentiary and envoys; (3) ministers 
resident; and (4) charges d'affaires. The first three classes, 
though they differ in rank, perform the same sort of service. 
It is their business to safeguard the general and more im¬ 
portant interests of the nation that they represent, and they 
not infrequently negotiate important treaties between their 
own countries and those to which they are accredited. In 
the United States these agents are appointed by the presi¬ 
dent, with the advice and consent of the Senate, and are 
under the general direction of the Secretary of State. They 
reside at the capital of the country to which they are ac¬ 
credited or accompany the court of the sovereign. Partly 
as a mark of respect to the country which they represent, 
and partly in order that they may be independent of the 
foreign government and transact their business with the 
greatest convenience, they are accorded certain privileges. 
Not only are their persons inviolable, so that no force can 
be employed against them by public authority or by private 
persons without violating the rules of international law, but 
they are not even subject to the civil or criminal jurisdiction 
of the courts in the country where they reside. Their families, 
including even the domestic servants, are likewise inviolable, 
and their goods are exempt from local jurisdiction. 

The Consular Service. Consular officers of the United 
States are divided into two classes, principal and subordinate. 
The principal officers are consuls general, consuls, and com¬ 
mercial agents. Subordinate officers are vice consuls general, 
deputy consuls general, vice consuls, deputy consuls, vice 
commercial agents, deputy commercial agents, consular 
agents, and consular clerks. There are also interpreters, 
marshals of consular courts, and office clerks. Commercial 
agents are appointed directly by the presidentall others are 


INTERNATIONAL LAW 


375 


appointed by and with the advice and consent of the Senate. 
It is their business to promote the commercial interests of 
their own state and to protect its citizens in foreign countries. 
These officers make monthly reports noting improvements 
in manufacturing and in agricultural processes, and give in¬ 
formation regarding good markets for our products and the 
best markets in which to purchase foreign products. Occa¬ 
sionally consular officers are charged with the performance 
of diplomatic as well as consular functions. 

Treaties. The rights of a state are subject to modification. 
A nation, like an individual, may sacrifice its privileges by 
willful abuse or by a definite and voluntary abandonment of 
them. They are often greatly modified by treaty. A treaty is 
a compact made between two or more sovereign states by their 
properly recognized authorities or by their duly authorized 
agents. Not all treaties are binding. They must conform to 
certain rules prescribed by law. They must be made through 
the constituted authorities of the nations or by "persons 
specially deputed by them for that purpose." Thus, if the 
power to make treaties is vested in the legislature, a treaty 
made through the executive department would be null and 
void. Similarly, an agreement whereby the treaty-making 
power criminally and flagrantly sacrifices the interests of the 
nation has no binding force. In short, the same general rules 
apply to treaties that apply to ordinary contracts between indi¬ 
viduals (Chapter XXI). An agreement, therefore, made by 
force or fraud or entered into to commit an unlawful act is 
not recognized as having binding force. Unless some other 
time is agreed upon, treaties go into effect when they are 
signed by an authorized agent. In case a treaty deals with 
a subject already the subject of earlier treaties, if in the later 
treaty there is no provision to the contrary, it is regarded 
either as explaining or as abrogating the earlier ones. 


376 


SCHOOL CIVICS 


Pacific Methods of redressing Injuries: Arbitration. Be¬ 
tween nations, as between individuals, it is inevitable that 
disputes should arise and that injuries should be given and 
received. War is the ultimate means of securing redress 
for such injuries, and should be resorted to only when all 
pacific methods of obtaining satisfaction have failed. Various 
peaceful methods of settling disputes have been found. 
Among them the method of arbitration is of growing im¬ 
portance. When this is resorted to, the nations concerned 
in the dispute agree to submit their differences to an inde¬ 
pendent tribunal and to accept its decision. In 1899 an 
international peace conference was held at The Hague, 
which resulted in the establishment of a permanent inter¬ 
national court of arbitration. This court cannot, of course, 
compel nations to bring their differences before it for 
settlement, but while not preventing war it has exercised no 
little influence toward averting it (p. 384). 

Other Methods. Besides arbitration a variety of other 
measures may be employed for obtaining satisfaction from 
an offending nation before recourse is had to war. Among 
these are embargo, reprisal, and retorsion. An embargo 
consists in detaining vessels in port either for political 
purposes or by way of reprisal. An embargo may be either 
civil or hostile. A nation lays a civil embargo by way of 
self-protection (for example, to protect its commercial vessels 
from capture); a hostile one, by way of reprisal, in order 
that an offending nation may be persuaded to do justice. 
Literally the word "reprisal” signifies simply retaking what 
is one’s own, but in international law its meaning has been 
extended to include reimbursement for injuries sustained. 
Thus, property may be seized and retained until redress is 
obtained, or it may be sold if the offending nation refuses to 
render satisfaction. Retorsion consists in the adoption, by an 


INTERNATIONAL LAW 


377 


injured nation, of retaliatory measures toward the offender 
— ‘'treating it or its subjects in similar circumstances 
according to the rule which it has set.’^ 

War. When all peaceful methods of obtaining satisfaction 
have failed, there remains to every nation a last resort, 
namely, war. War is "an interruption of a state of peace 
for the purpose of attempting to procure good or prevent 
evil by force." A war is said to be just when it has a good 
cause and a proper and sufficient object. This is another 
way of saying that it may be waged (i) to defend any right 
which the state is bound to protect — for example, to defend 
its territory from invasion or to protect its citizens when they 
are maltreated by a foreign nation ; (2) to redress a wrong — 
for example, an insult to its flag, its ambassador, or its good 
name, or a violation of treaty rights; (3) to prevent appre¬ 
hended injury — for example, to prevent a disturbance of 
the balance of power or to right great and flagrant wrongs 
against religion or liberty, since these wrongs may affect 
all states. A formal declaration of war is no longer neces¬ 
sary. The state which commences the struggle, however, 
must indicate in some way its changed feelings. This may 
be done by withdrawing its ambassador or by refusing inter¬ 
course. It must also give its own subjects and neutrals 
warning as to the changed relations, in order that the 
former may not suffer in property or person and that the 
latter may act accordingly. 

Effect on Subjects of the Enemy. The nations engaged 
in hostilities are called belligerents. If the subjects of one 
belligerent nation are residing or traveling in the territory 
of another, they are usually permitted to remain and to 
retain such property as they possess, provided they conform 
to the rules of conduct prescribed for them; but they may 
be required to leave the country within a specified time. 


378 


SCHOOL CIVICS 


Under such circumstances they are given a reasonable time 
to effect the removal of their property. All trade between 
belligerents ceases, and any contracts or agreements entered 
into between subjects of the belligerent countries after the 
war breaks out are void. The law, however, allows the 
creditor to collect any debts which may have been contracted 
before the outbreak of hostilities. 

Combatants and Noncombatants. A distinction is made 
on both land and sea between combatants and noncombatants. 
A combatant has been defined as a person " authorized by 
a government to wage war,” that is, any person "directly 
engaged in carrying on war, or concerned in the belligerent 
government, or present with its armies and assisting them.” 
The passive inhabitants are noncombatants. In this class 
are included any persons who may be present with an 
army for the purpose of humanity or religion, such as 
surgeons, nurses, and chaplains. There is a difference, of 
course, in the treatment accorded to these two classes. 
Combatants are liable to capture or even to death if they 
refuse to yield ; but they may be exchanged, when captured, 
for captives taken by their opponents, or they may be given 
up for a ransom. While in captivity they are entitled to 
maintenance in comfort at the expense of the state effecting 
their capture. Officers and others whose word can be relied 
upon may be released on their parole not to serve during 
the war or until exchanged or ransomed. 

Their Property. All the property of combatants is liable 
to plunder and confiscation, as well as all public moneys, 
military stores, and buildings belonging to either belligerent. 
Property that does not contribute to the prosecution of the war 
should be exempt from violation. Noncombatants who remain 
quiet and take no part in the hostilities are not liable to 
molestation. Their property is not subject to capture except 


INTERNATIONAL LAW 


379 


in extreme cases. Often it is taken at a fair value to 
satisfy the immediate needs of a hostile force. In rare 
cases it is taken without compensation, although even then 
in some cases receipts are given for the property. 

Cruel and Unfair Methods Forbidden. The law debars 
belligerents from using certain kinds of weapons or employ¬ 
ing certain stratagems in maintaining hostilities. Any weapon 
which inflicts needless pain or produces a lingering death 
is prohibited, as is also the use of poison or of poisoned 
weapons. Nations are bound to maintain their plighted 
faith and are not allowed to importune or seduce the 
subjects of another to betray their country. If savage or 
semibarbarous troops are employed by a civilized nation, it 
is required that they be kept under such control that they 
will conform to the ordinary rules of modern warfare. 

Truce. Belligerents may agree to a temporary suspension 
of hostilities at one or more places. Such an agreement is 
called a truce and becomes binding upon the parties thereto 
" from the time when they have agreed to its terms,” and 
upon private citizens when they have had time to be in¬ 
formed of its existence. The existence of a truce does not 
prevent either party from making preparations for a renewal 
of the struggle. 

Siege. In conducting a siege the property and persons 
of noncombatants cannot be so readily safeguarded as in 
other cases. The law does not permit the bombardment of 
open, undefended towns. Usually the bombardment of a 
fortified or defended town is preceded by a notice. In that 
case the inhabitants may secure some protection for their 
lives and property. In case of bombardment, steps should 
be taken to spare so far as possible all buildings devoted to 
religion, art, science, and charity, and all hospitals, pro¬ 
vided such buildings are not used for military purposes. 


380 


SCHOOL CIVICS 


Usually the greatest loss of life and property among non- 
combatants follows when a place has been taken by assault, 
as it is often difficult to determine when all resistance has 
ceased. All killing which takes place after resistance has 
been overcome is murder. The plunder of fallen towns by 
victorious troops is forbidden. 

Warfare with Barbarous Nations. In waging war with 
savages a Christian state is sometimes tempted to go back 
to barbarous or savage methods of warfare. Even here, 
where the provocation may be great, the rules of land war¬ 
fare require the state to show good faith and humanity; to 
treat the prisoners well; to respect treaties and truces; in 
short, to deal with them as they would with a civilized state 
no matter how barbarous or inhuman their conduct may be. 

Captures on the Sea. The laws as to the capture of 
property on the sea differ considerably from those which 
apply on land. All property of a belligerent nation or its 
subjects is here looked upon as lawful prey, no distinction 
being made between the property of combatants and that 
of noncombatants. The precise rules governing its capture 
will be stated in connection with the rights and obligations 
of neutrals. Such property, when captured, is called a prize, 
and, when passed upon by a court, becomes the property of 
the captor. 

Privateering. It has been the custom in the past for 
each belligerent to grant letters of marque and reprisal to 
the owners of private vessels, authorizing them to seize the 
property of either belligerent on the sea. Such vessels are 
called privateers. At an international congress held at Paris 
in 1856 it was agreed by all the great nations except the 
United States and Spain that privateering should be abol¬ 
ished. The United States was willing to abolish privateering 
on condition that all private property except contraband of 


INTERNATIONAL LAW 


381 


war should at all times be exempted from seizure on the 
high seas, but this condition was not accepted by the con¬ 
gress. At the outbreak of the Spanish-American War in 1898 
our government issued a decree forbidding privateering. 

Blockade. Usually a declaration of war is followed by an 
attempt to blockade the ports of the enemy. This too is de¬ 
signed to interfere with the commercial intercourse of nations. 
A blockade consists in "obstructing the passage into or from 
a place on either element, but is more especially applied to 
preventing communication by water." Any vessel attempt¬ 
ing to pass a blockade is liable to capture. No blockade, 
however, is regarded as binding, unless there be present a 
sufficient force to render access dangerous. The name of 
paper blockade has been given to all so-called blockades 
that do not satisfy this condition. Due notification must be 
given of a blockade, and vessels in port before a blockade is 
declared are usually allowed to proceed to their destinations. 

Rights of Neutrals. Some of the most difficult of inter¬ 
national questions have arisen in connection with attempts 
to define the rights of neutrals. A neutral state has been 
defined as " one which sustains the relations of amity to 
both the belligerent parties, or, negatively, is not an enemy; 
. . . one which sides with neither party in a war." A nation 
may preserve a strict neutrality or an hnperfect neutrality. 
In the former case it stands absolutely aloof, rendering no 
assistance to either. In the latter case, however, it may im¬ 
partially allow both belligerents to transport troops across its 
frontiers or may furnish one of them, according to previous 
engagement, a certain contingent of troops or vessels for 
prosecuting the war. Neutrality entitles nations to certain 
privileges, such as the right "to preserve their territory 
inviolate " and " their sovereignty uninvaded." To this end 
they may demand that no battles be fought within their 


382 


SCHOOL CIVICS 


jurisdiction and that no troops or supplies be carried through 
their territory. They may demand also that the same respect 
be shown their flag, their representatives, their property, 
their prerogatives, as was shown in times of peace. 

Property of Neutrals. The law governing the property of 
neutrals is most important. Their property, as in time of 
peace, is free from molestation wherever it may be found, 
unless it is contraband of war. It is difficult to define with 
exactness what is contraband, as the practice of nations has 
varied. It is usual to regard as contraband anything that 
"appertains immediately to the uses of war,” such as fire¬ 
arms, bullets, and powder. Treaties are often made between 
nations, specifying what articles will be treated by them as 
contraband in case of war. It is usual, moreover, for bel¬ 
ligerents to issue a list of articles which they intend to treat as 
contraband. A neutral cannot send these articles into either 
country without wronging the other nation, and therefore 
they become liable to capture. If neutral goods be found on 
an enemy’s ship, they are still free from capture, although 
the ship itself is lawful prize. The law also protects the 
goods of an enemy on a neutral vessel, always excepting 
contraband of war. Both belligerents may exercise the 
right of search to enforce these rules. They may overhaul 
a neutral vessel, excepting a public vessel, examine her 
papers and her cargo, and on her refusal to submit to such 
examination may take possession of her as a prize. 

Duties of Neutrality. The duties of neutrality are largely 
implied in the term "neutral.” Neutrals must discharge 
toward both belligerents all those duties which humanity 
requires; must not permit one to transport troops across 
their territory unless this privilege is accorded equally to 
the other; and must not loan money, supply troops, or 
otherwise assist in the prosecution of the war. The law, 


INTERNATIONAL LAW 


383 


however, makes a careful distinction between the obligations 
resting upon the nation and those resting upon the indi¬ 
vidual inhabitants, and does not regard it as a breach of 
neutrality for the individual to loan his money, to sell mili¬ 
tary supplies, or even to lend his assistance in person to 
the prosecution of the struggle. 

Intervention. In case a war is conducted in too cruel a 
manner or is wantonly and unnecessarily protracted, neutral 
nations may intervene. Intervention may, however, be re¬ 
sorted to on other grounds as well, as, for instance, "to pre¬ 
serve sovereign rights or interests, to maintain the balance of 
power, to prevent iniquitous revolutions, or to suppress crime 
of governments against their peoples." The necessity of 
preserving the balance of power has been the most common 
ground for interference with each other’s affairs on the part 
of European nations. According to this principle no Euro¬ 
pean nation must make or attempt to make acquisitions that 
are likely to prove dangerous to the independence, influence, 
or territorial integrity of another. As yet the application of 
this theory has not been extended beyond the continent of 
Europe. Intervention may, of course, always be resisted, 
either by the nation directly affected by it or, under some 
conditions, by other nations. Thus the Monroe Doctrine 
was an assertion of the right of the United States to resist 
foreign interference with American affairs, as* well as of its 
right to intervene for the purpose of preventing such inter¬ 
ference. Intervention is always interference and is justiflable 
only in extreme cases. As a rule, it is " illegal, impolitic, 
and inexcusable." 

Mediation. International controversies are sometimes 
settled by mediation on the part of neutral nations. Medi¬ 
ation is very similar to the attempts of private persons to 
reconcile two friends who have had a dispute. It may be 


384 


SCHOOL CIVICS 


sought by one or both of the parties concerned or it may 
be offered by the neutral nation. It is of course necessary 
that the nation which acts as mediator shall be friendly, 
impartial, and acceptable to both parties. Ordinarily it is 
not incumbent upon the nations involved to accept an offer 
of mediation, though the offer of a powerful nation may 
under some circumstances amount practically to compulsion. 
Neither is it ordinarily incumbent upon the parties to the 
controversy to accept the advice of the mediator. Nations 
have in general been careful not to offer mediation inoppor¬ 
tunely, and such offers must always be courteously received, 
even though they may not be accepted. 

International Peace. Of late years there has been added 
to business contracts between individuals or concerns what 
is known as a penalty clause. Out of this provision it has 
come to be quite generally understood that by paying the 
penalty (that is, by paying the sum of money stipulated in 
the agreement for nonfulfillment) either party may, when¬ 
ever he deems it to his advantage to do so, legally vacate 
his contract and remain " law honest ” without considering 
the effect upon the other party. 

A treaty is a written contract or agreement between 
nations to do or to refrain from doing certain things which 
the nations concerned wish to have done or wish to prohibit. 
The penalty clause in a treaty is implied. It consists of 
the army and navy of the contracting nations. Whenever, 
for military necessity ” or for any other cause, one nation 
thinks that the resulting advantage of breaking the treaty 
would be greater than that of keeping it, it breaks it and 
stands ready to undertake to crush the military strength of 
the other nation. 

War between nations is just as defensible as dueling 
between individuals, and no more so. Dueling has been 


INTERNATIONAL LAW 


385 


displaced by courts of law, and war should be. Courts of law, 
to be effective, must be sustained by a force sufficiently 
strong to carry their decrees into effect; hence we have 
police, sheriffs, militia, jails, penitentiaries, etc. 

International courts should be established, in which inter¬ 
national questions should be settled. Nations are but aggre¬ 
gations of individuals, and the questions of dispute between 
nations are but the questions arising between individuals 
in the mass. But, to be effective, international courts must 
have behind them a force sufficiently strong to enforce their 
decisions without reference to the nations involved. They 
should have behind them an international army and navy in 
which all nations should be represented on a pro rata basis — 
an army so strong that it would be folly for any single 
nation to resist it. Such a plan would do away with wars and 
reduce national defenses to a mere matter of police duty. 

Library References. Wilson, §§ 1216-1217; Woolsey; Lawrence, 
International Law; Dole, chaps, xlii-xlv; Lalor, article on "Interna¬ 
tional Law ” ; Standard Dictionary; Encyclopedia Americana, article on 
" Consular Service of the United States.” 

QUESTIONS ON THE TEXT 

1 . Define '' nation ” ; " sovereignty ” ; '' ambassador.” 

2 . Over what territory and waters has a sovereign state 
absolute jurisdiction } 

3 . Distinguish between the character of the duties performed 
by a foreign minister and the character of the duties performed by 
a consul. In what way are these officers chosen ? 

4 . What are the chief duties of an ambassador ? Explain why 
ambassadors are not subject to the laws of the countries to which 
they are sent. 

5 . When was the Hague conference formed? What was the 
object of forming an international court of arbitration ? 


386 


SCHOOL CIVICS 


6 . What is an embargo ? What is its object ? How many 
kinds of embargo are there ? 

7. Mention some of the causes that would justify a nation in 
resorting to war. 

8 . Under what obligations to other nations is a nation going 
to war ? Is a declaration of war necessary to a state of war ? 

9. State the essential rights of noncombatants in time of war. 

10 . Define "contraband of war”; "imperfect neutrality”; 
" noncombatants.” 

11 . Has a nation a right to raise a black flag when going to 
war with another? Why? 

12 . How do the laws governing the capture of the property of 
a belligerent on sea differ from those governing its capture on 
land ? Define " belligerents.” 

13. What is a blockade ? What is a paper blockade ? Is a 
paper blockade binding ? 

14. What is meant by neutrality in case of war between foreign 
powers ? What restrictions does neutrality impose ? 

15. State the Monroe Doctrine. Why is its maintenance 
important in this country ? What are the dangers from a too 
extensive application of it ? 

16. What is the rule regarding neutral goods on an enemy’s 
vessel ? an enemy’s goods on a neutral vessel ? 

17. Define " intervention.” Under what circumstances may 
neutral nations intervene ? 

18. What is meant by the " balance of power” in Europe? Is 
there any principle corresponding to it on this continent ? 


CHAPTER XXIV 

COMPARISON OF NATIONAL GOVERNMENTS 

Other Governments. We have now studied the various 
units of government in our country, — local, state, and 
national, — observing the threefold division into legislative, 
executive, and judicial departments in each. We have noted 
that everywhere sovereignty rests with the people — that in 
very truth this is a ''government of the people, for the 
people, and by the people,” from the smallest unit of local 
government to the nation itself. It will be well worth our 
while to examine briefly into the forms of government else¬ 
where and to ascertain whether the same is true. Our rela¬ 
tions with other governments are regulated by international 
law, as discussed in Chapter XXIII. What those relations 
are and with what respect they are regarded materially 
affects our general well-being. 

England’s Constitution. The government of Great Britain 
is a limited constitutional monarchy; that is, it has a consti¬ 
tution which defines the rights and privileges of the people 
and the crown. This constitution is largely unwritten, and 
what is written is not contained in a single document. The 
writfen part is scattered through acts of Parliament and 
solemn agreements extending through the Middle Ages to 
the present time. The unwritten part consists of customs, 
maxims, usages, and institutions of long standing, which 
have come to have the force of written law. Thus the 
British constitution is an evolution which changes to meet 
changing conditions extending over many centuries. 

387 


388 


SCHOOL CIVICS 


England's Legislature. The legislative department of the 
British government is called Parliament, and is composed 
of two Houses, the House of Commons and the House of 
Lords. The members of the House of Commons are chosen 
by universal^ suffrage by secret ballot for a term of five 
years. The members of the House of Lords hold their seats 
in four ways : by right of inheritance, by royal appointment, 
by right of ecclesiastical office, and by election. The Parlia¬ 
ment Act of 1911, by limiting the legislative powers of the 
House of Lords, greatly increased those of the House of 
Commons. The English constitution places no legal limita¬ 
tions upon the power of Parliament. Parliament is, therefore, 
England so far as its legal powers are concerned (see p. 8i). 

England’s Executive. The executive power is, nominally 
at least, the crown. Besides executing the fundamental laws 
as expressed in the constitution, the laws passed by Parlia¬ 
ment, and the decision of the courts, the crown may do any¬ 
thing which it is not forbidden by Parliament to do. Briefly 
summarized, the executive powers of the crown include the 
declaration of war, the negotiation of treaties, the appoint¬ 
ment and reception of diplomatic officers, and the issuing of 
passports. The command of the army and navy, with large 
powers over the appointment and dismissal of officers, the 
promulgation of rules for the government and disposition 
of the forces, the appointment of all civil officers of the 
government and the removal of most of them, the appoint¬ 
ment of the clerical officers of the Church of England,* and 
the granting of pardons are intrusted to the crown. The 
legislative powers of the crown may be summarized as the 
authority to summon, open, prorogue (that is, dismiss), or 

^ In 1918, suffrage was given to women over thirty possessing property. 
Countess Markiewicz was elected to a seat in Parliament in 1918, the first 
woman ever elected to that body. 


COMPARISON OF NATIONAL GOVERNMENTS 389 

dissolve Parliament upon the advice of the prime minister. 
Dissolution puts an -end to the House of Commons, but it 
does not affect the House of Lords otherwise than by end¬ 
ing the term of the Scottish peers who are elected for the term 
of Parliament. To these legislative duties may be added the 
legal right of the crown to veto the measures of Parliament; 
this right, however, has not been exercised since 1707, and 
the adoption of the cabinet system makes further resort to 
it by the crown unnecessary. 

English Cabinet. The actual administration of the British 
government is through the agency of the cabinet selected 
from the members of Parliament of the political party which 
has a majority in the House of Commons. When a cabinet 
is to be formed, the crown sends for the acknowledged 
leader of the majority party in the House of Commons and 
asks him to accept the premiership, and intrusts him with 
the selection of his colleagues. The premier selects his asso¬ 
ciates and recommends them to the crown, who appoints 
and commissions them. Those elected may be members of 
either House, but those who are members of the House of 
Commons must resign their seats and secure the approval- 
of their constituents by reelection. Thus the people of their 
districts are consulted in the formation of the cabinet. The 
members of the cabinet have seats in Parliament and take 
active part in all legislative matters; they initiate public legis¬ 
lation and assume leadership in debate. If they are defeated 
on any important government measure, or if the House votes 
lack of confidence in their leadership, they may resign and 
another ministry be formed by the new majority thus indi¬ 
cated. If, however, the defeated cabinet think they still 
represent the will of the people, they can ask the crown to 
dissolve the House of Commons and order a new election, 
thus bringing the question squarely before the individual 


390 


SCHOOL CIVICS 


voter, whose chosen representatives take their seats immedi¬ 
ately instead of a year from the next December after election, 
as in the case of Congress (see p. 105). If the result of the 
election is against the cabinet, they must resign. In addi¬ 
tion to their legislative duties the ministers act as heads of 
the various administrative departments. 

England’s Judicial System. The judicial system of Eng¬ 
land consists of (i) the House of Lords, which acts as a 
criminal court for the trial of peers, acts as a general court 
of impeachment, and is the highest court of the kingdom; 
(2) the judicial committee of the privy council, which is a 
court of last resort for India, the Colonies, the Isle of Man, 
the Channel Isles, and the vice-admiralty courts abroad (its 
personnel is substantially the same as that of the House when 
sitting as highest court of appeals) ; (3) the general courts 
of the kingdom, which are the High Court of Justice and 
the Court of Appeals. The former consists of three sec¬ 
tions, known as the chancery division of six judges, the 
King’s bench division of fifteen judges, and the probate, 
divorce, and admirality division of two judges. The principal 
criminal courts are the petty session and quarter sessions, 
the assize courts, and the central criminal court. 

England’s local government is one of great and varied 
complexity, incapable of brief explanation. 

Germany.1 The government of Germany at this time 
(1919) is undergoing changes that are revolutionary in 
character. Before Germany precipitated the World War in 
1914, for which she had planned and prepared, the govern¬ 
ment was supposed to be a constitutional monarchy. The 
World War, however, revealed the fact that the govern¬ 
ment was an absolute military despotism buttressed by an 

1 See ex-Ambassador James W. Gerard’s "My Four Years in Germany”; 
also " Face to Face with Kaiserism.” 



391 


Parliament Buildings, London 














392 


SCHOOL CIVICS 


elaborately worked out system of espionage upon the rest 
of mankind, with foreign headquarters in German embassies 
in other countries. The German government was worked 
out on the theory that might makes right, that the state 
can do no wrong and is bound by no terms of any agree¬ 
ment and responsible to no earthly power; it controlled the 
avenues of public education, thought, and entertainment, and 
made a mind as scientific and material as the goods which bore 
its trademark, ” Made in Germany ” ; political, professional, 
business, and social advancement depended very largely upon 
unquestioning and unthinking support of the government. 

Germany’s Legislature. Before the World War, Ger¬ 
many had a written constitution. It provided for a federal 
legislature of two houses : the Reichstag of 397 members 
(resembling the British House of Commons or our House of 
Representatives) and the Bundesrat of 61 members. Elec¬ 
tion to the first was by secret ballot by universal male suffrage, 
but Prussia had 236 members by constitutional right and 
was, therefore, absolutely in control. Members of the Bun¬ 
desrat were apportioned to the states by the constitution, 
and Prussia had 17, also having the casting vote in case 
of a tie. In other words, Prussia by her votes and private 
understandings with other German states controlled Ger¬ 
many absolutely through its legislative branch, and only such 
measures as she approved could be enacted into law. This 
reduced the supposedly popular lawmaking body to an irre¬ 
sponsible debating society, excepting when it suited the plans 
of Prussia to enact certain measures into law by this means 
and thereby place the responsibility apparently upon the 
general public which this body was supposed to represent. 

Germany’s Executive. The kaiser, or German emperor, 
was the executive, and his power to act was practically abso¬ 
lute. He was ” irresponsible” ; that is, he was not responsible 


COMPARISON OF NATIONAL GOVERNMENTS 393 

to any earthly power, basing his right to rule upon divine 
authority. Between him and the people was his imperial 
chancellor, responsible only to him. The emperor had full 
authority to declare war, make peace, negotiate treaties, 
appoint all public officials representing his government. If 
the legislative body refused to approve the emperor’s policy 
as stated through the chancellor and voted a censure against 
the chancellor, he did not resign. A vote of censure against 
the British Cabinet by Parliament would cause all to resign 
and a new election of the people to be held. 

Germany’s Judicial System. There were four grades of 
courts before the reorganization growing out of the World 
War. The lowest was the district coiirt for the trial of petty, 
civil, and criminal cases, presided over by a single judge in 
the trial of civil cases, with two laymen associated with him 
for the trial of criminal cases. Next higher were the terri¬ 
torial courts, divided into civil and criminal chambers, with 
appellate jurisdiction from the lower courts and original 
jurisdiction over larger civil and graver criminal cases. The 
next highest were the superior courts, likewise divided into 
civil and criminal chambers, with appellate jurisdiction 
only. Standing at the top of the judicial system was the 
imperial coitrt, which had its seat at Leipzig in Saxony. 
It was composed of four criminal and six civil senates, with 
an aggregate membership of over ninety. These judges 
were appointed by the emperor with the consent of the 
federal council. It had appellate jurisdiction over civil cases 
brought to it from the superior and consular courts. The 
position of the judiciary was one of absolute independence. 
The judges could neither be removed, transferred, nor retired 
against their will. Local government in Germany consisted of 
such supervisory service as was necessary to insure the strict 
enforcement of imperial law by state authority. 


394 


SCHOOL CIVICS 


French Government. The government of France may be 
characterized as a centralized parliamentary republic. It has 
a written constitution outlining in a general way the frame¬ 
work of government. The numerous limitations upon the 
government in regard to individual liberty, so noticeable in 
the constitution of the United States, are wholly lacking in 
the French constitution. The French constitution is, there¬ 
fore, one of government rather than of liberty. It is short 
and concise, leaving to the ordinary processes of legislation 
nearly all matters of detail. 

The French National Legislature. This body consists of 
two Houses, the Chamber of Deputies and the Senate. To 
the Chamber of Deputies belongs the exclusive power to origi¬ 
nate revenue measures; otherwise the two Chambers are 
substantially equal in matters of legislation. The members 
of the Chamber of Deputies are chosen by universal male 
suffrage by districts, much as representatives to Congress 
are chosen. Their term of service is fixed at four years. As 
to the composition and organization of the Senate, the con¬ 
stitution makes no provision and but scant reference to its 
powers. France is divided into administrative departments, 
each department subdivided into districts containing approxi¬ 
mately equal population. The number of districts within an 
administrative department constitutes an electoral college, and 
these various electoral colleges choose the members of the 
Senate. Senators are apportioned among the several depart¬ 
ments according to population. The term of office for sena¬ 
tors is fixed at nine years. The constitution provides that 
the terms of one third of the number of senators shall expire 
every three years. Like members of Congress, they enjoy 
certain immunities while in the discharge of their duties as 
legislators. Measures duly passed by both Chambers are sent 
to the president for his approval, but he has neither an 


COMPARISON OF NATIONAL GOVERNMENTS 395 

absolute nor a qualified veto. He may, however, demand 
a reconsideration of the measure, but if passed by a ma¬ 
jority of both Houses, it becomes a law notwithstanding his 
objections. 

The French Executive. The French chief executive is 
called a president. He is not elected by popular vote, but 
is chosen by majority vote of a body composed of the mem¬ 
bers of the two Chambers of the legislature. The president’s 
term is fixed at seven years, and he is reHigible. No 
person who is a member of any family that has reigned in 
France is eligible. The president’s executive powers include 
the negotiating of treaties, the appointment and reception 
of ambassadors and ministers, and the power to wage war. 
In addition to the legislative power above referred to, the 
president may prorogue Parliament and initiate legislative 
measures. He has almost unlimited power of appointment 
and supervision of administrative officers, extensive ordi¬ 
nance powers where the legislature has not made proper 
provision, and makes disposition of the army and navy. 
He may also grant pardons, commute penalties, and issue 
reprieves. In exercising the above powers the president acts 
through his ministers, who are collectively responsible to the 
legislature for the general policy of the administration and 
individually responsible for their own personal acts, thus 
relieving the president of all responsibility, although they 
are discharging his orders—a relation similar to that existing 
between the emperor and chancellor in the German govern¬ 
ment. The ministers are appointed by the president and, 
in theory, serve during his pleasure; in practice, however, 
they are appointed by the leader of the Chamber of Deputies. 
Like the members of the British cabinet, the ministers are 
usually selected from the members of Parliament, and in 
any event are entitled to seats in the chambers and must 


396 


SCHOOL CIVICS 


be heard whenever they desire to speak. They are the 
heads of the several administrative departments of the 
general government and the leaders of the majority in 
the legislature. 

The French Judicial System. The French judicial sys¬ 
tem is purely statutory, the only constitutional provision 
being that which relates to the Senate as an extraordinary 
court for specified cases. Of the system of courts the high¬ 
est is the Court of Cassation. Next below this court are the 
courts of appeal, which hear cases- from the courts of first 
instance, while these in turn hear appeals from decisions of 
the justices of the peace. These smaller courts try civil 
cases and act as police judges for the trial of petty offenses. 
There are numerous special courts. The ordinary civil courts 
are without juries, the judges alone deciding questions of 
fact as well as of law. The judges are appointed by the 
president, and their tenure, excepting in the case of justices 
of the peace, is during good behavior. They can be re¬ 
moved only by the Court of Cassation. In the government 
of local affairs France differs from the English and American 
governments in that the organs of local government are not 
general authorities of enumerated powers, no attempt being 
made at specification. To prevent local administrative units 
from misusing such wide powers, a method of central ad¬ 
ministrative control has been introduced which is the dis¬ 
tinguishing feature of French government. Through these 
local officials the central government administers matters of 
general concern. 

Canada’s Constitution. By act of Parliament the various 
provinces of British North America were organized into a 
federal government in 1867. A written constitution was 
embodied in the act and is still in force. This constitution 
differs from the constitution of the United States in that 


COMPARISON OF NATIONAL GOVERNMENTS 397 

all the powers not specifically delegated to the provinces 
are reserved to the central government. The administration 
of the public debt and property; the raising of taxes for 
general use; provision for the public defense, including the 
militia; money, including coinage, paper money, promissory 
notes, legal tender, currency, and banking; the regulation of 
commerce, shipping, and navigation; the coast and postal 
service; the census, statistics, patents, naturalization, and 
copyrights; the care of the Indians; marriage and divorce 
— all are questions dealt with by the central government. 
Delegated to the provinces are the powers over local 
taxes, local commerce, the creation of municipal corpora¬ 
tions, the borrowing of money on the credit of the prov¬ 
ince, and various other local questions. The provincial and 
federal governments also exercise concurrent powers, some 
of which relate to immigration and agriculture. Whenever 
the provincial laws conflict with those of the federal gov¬ 
ernment, the practice has been to follow the lines of federal 
legislation. 

Canada’s Legislature. The lawmaking power of the gov¬ 
ernment of Canada is vested in the king of Great Britain, 
or in his representative, and in the Dominion parliament. 
The Dominion parliament is composed of two Houses. The 
upper house is called the Senate, and the lower house the 
Commons. The 87 members of the Senate are appointed 
for life by the governor-general. They must be subjects of 
the king, thirty years of age, residents of the province which 
they represent and in which they own property to the value 
of at least $/\ooo. The House of Commons consists of 
221 members, elected for a term of five years on the basis 
of population. To establish this basis it is provided that 
the province of Quebec shall always have 65 members, 
regardless of its population, and the other provinces a 


398 


SCHOOL CIVICS 


number bearing the same relation to the population as the 
65 does to the population of Quebec. In this manner the 
number due each province as their population increases is 
determined. All bills relating to the raising of money must 
originate in the House of Commons and cannot be amended 
by the Senate. Its power of rejecting is rarely used. 

Canada’s Executive. Canada’s executive power is vested 
in the king of Great Britain or in his representatives, the 
governor-general and the privy council composed of a 
premier, fourteen heads of departments, and three cabinet 
ministers. The ministerial departments are those of state, 
justice, finance, interior, customs, posts, trade and commerce, 
marine and fisheries, railways and canals, militia and defense, 
agriculture, public works, inland revenue, and labor. The 
governor-general is guided by his ministers, who are respon¬ 
sible to the House of Commons. The executive may reserve 
a law for the consideration of the home government or 
may disallow it altogether. In practice, however, the former 
right is never exercised except when the law in question 
affects the home government in its relation to other foreign 
powers, and the latter is resorted to rarely. 

Canada’s Judicial System. The judicial branch of the 
Dominion government consists of a Supreme Court, located 
at Ottawa, and an Exchequer Court. The Supreme Court 
has appelate jurisdiction in both civil and criminal cases, 
and the Exchequer Court has admiralty powers. There are 
no strictly federal inferior courts. The federal government, 
however, makes use of the provincial courts, which, on the 
other hand, are not exclusively provincial courts. In each 
province there is a superior court, also county courts, police 
magistrates, and justices of the peace, with duties quite 
similar to those in similar courts in the United States. The 
judges of these superior and county courts are appointed by 


COMPARISON OF NATIONAL GOVERNMENTS 399 


the governor-general in council, and the federal government 
likewise controls the penitentiaries. 

Switzerland’s Legislature. The republic of Switzerland 
is a confederation composed of cantons, or states, and has 
a written constitution. Its legislature consists of a federal 
assembly of two Houses, the National Council and the 
Council of the States. The two Houses hold separate ses¬ 
sions in the legislative matters and joint sessions in the 
exercises of certain electoral and judicial functions. In 
matters of legislation both Houses have equal authority. 
The Council of the States is composed of 44 members, 
two from each canton, excepting in three cantons, which are 
divided, each half canton choosing one member. They are 
chosen according to the ideas prevailing in each canton, 
specifications as to qualifications, compensation, mode of 
election, etc. being made in the constitution. The result is 
that the greatest variety of provisions prevail in the dif¬ 
ferent cantons. The terms vary from one to four years. 
The National Council, or popular chamber of the legisla¬ 
ture, consists of members chosen by direct universal suf¬ 
frage for a term of three years on the basis of population. 
Both Houses choose their own-officers. Their joint duties 
extend to the granting of pardons and to the election of 
the Federal Council, the Supreme Court, the chancellor, and 
the commander of the army. The ordinary legislative power 
of the Federal Council is very wide and extends to many sub¬ 
jects which in the United States are left to the regulation 
of the separate states. 

Switzerland’s Executive. The executive power is vested 
by the constitution in a Federal Council of seven members 
elected for a term of three years, by joint ballot of both 
Houses of the federal legislature. It is the custom to choose 
the members of this council from the membership of the 


400 


SCHOOL CIVICS 


legislature, and to reelect them for a long period of time. 
The work of administration is divided into seven depart¬ 
ments, and one member of the council is put in charge of 
each department; but the act of any councilor in his depart¬ 
ment is considered to be the act of the whole council. The 
council is organized under a president and a vice president, 
who are members of the council chosen by the legislature 
for one year. This council sustains a relation to the legis¬ 
lature similar to the cabinet in the parliamentary system of 
government. As members of the legislature councilors take 
an active part in its deliberation, introduce bills, enter into 
the debates, and in various ways exercise a great influence 
upon the legislative work. Their administrative duties ex¬ 
tend to controversies usually settled by special administra¬ 
tive courts. They have large supervisory power over local 
government in the various cantons, especially in the admin¬ 
istration of federal law. In addition to these functions the 
council has extensive powers usually exercised by a nation’s 
executive. 

Switzerland’s Judicial Departments. The judicial power 
of Switzerland is vested in a Supreme Court consisting of 
fourteen judges, elected for- a term of six years by the fed¬ 
eral assembly, which also designates a president and a vice 
president of the court for two years. The court is divided 
into three sections, each of which holds a session in one of 
the five judicial districts into which Switzerland is divided. 
The jurisdiction of the federal court extends to conflicts of 
authority between the confederation and the cantons, to 
disputes between cantons, and to complaints of the violation 
of individual rights. It also has jurisdiction over civil mat¬ 
ters concerning suits between the confederation and the 
cantons or between the cantons themselves, or suits against 
the confederation or between the cantons and private 


COMPARISON OF NATIONAL GOVERNMENTS 401 


individuals or corporations. Cases may be appealed from the 
cantonal courts to the Supreme Court, where the amount 
exceeds 3000 francs (about $600). Its criminal jurisdiction 
extends to cases of treason, of violation of federal law, of 
offenses against the law of nations, of political disorder, 
etc. The local government is largely in the hands of the 
canton, districts, and communes. Each canton has its own 
constitution, which generally provides for a legislative body of 
one chamber elected by popular suffrage for a term of three 
or four years. It enacts laws, votes taxes, and otherwise 
supervises the administration of local affairs. 


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APPENDIX 


CONSTITUTION OF THE UNITED STATES 

Preamble 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain 
and establish this Constitution for the United States of America. 

ARTICLE 1 . LEGISLATIVE DEPARTMENT 
Section i. Congress 

All legislative powers herein granted shall be vested in a Con¬ 
gress of the United States, which shall consist of a Senate and 
House of Representatives.^ 

Section 2. House of Representatives 

The House of Representatives shall be composed of members 

chosen every second year by the people of the several States, and 

the electors in each State shall have the qualifications 

Election of requisite for electors of the most numerous branch of 
Members ^ ^ 

the State Legislature. 

No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven 
Qualifications ^ citizen of the United States, and who shall 

not, when elected, be an inhabitant of that State in which he shall 
be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 

1 The term of each Congress is two years. It assembles on the first Monday 
in December and " expires at noon of the fourth of March next succeeding the 
beginning of its second regular session, when a new Congress begins.” 


SCHOOL CIVICS 


according to their respective numbers,^ which shall be determined 
by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
Apportion- taxed, three-fifths of all other persons.^ The actual 
ment enumeration shall be made within three years after the 

first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law 
direct. The number of representatives shall not exceed one for every 
thirty thousand, but each State shall have at least one representative: 
and until such enumeration shall be made, the State of New Hamp¬ 
shire shall be entitled to choose three; Massachusetts, eight; Rhode 
Island and Providence Plantations, one; Connecticut, five; New 
York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; 
Maryland, six; Virginia, ten; North Carolina, five; South Carolina, 
five; and Georgia, three. 

When vacancies happen in the representation from any State, 

the executive authority® thereof shall issue writs of 
Vacancies , . , 

election to fill such vacancies. 

The House of Representatives shall choose their Speaker ■* and 
Officers other officers; and shall have the sole power of 
Impeachment impeachment. 


Section 3. Senate 

The Senate of the United States shall be composed of two 
Number senators from each State, chosen by the Legislature 
of Senators; thereof, for six years; and each senator shall have 
Election vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into 
three classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year; of the third class, at 

1 The apportionment under the census of 1910 is one representative for every 
220,000 persons. 

2 The word " persons ” refers to slaves. This paragraph has been amended 
(Amendments XIII and XIV) and is no longer in force. 

3 Governor. 

4 The Speaker is one of the representatives; the other officers — clerk, 
sergeant-at-arms, postmaster, doorkeeper, etc. — are not. 


CONSTITUTION OF THE UNITED STATES iii 


the expiration of. the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by resignation, or other- 
Classification during the recess of the Legislature of any State, 

the executive^ thereof may make temporary appoint¬ 
ments until the next meeting of the Legislature, which shall then 
fill such vacancies. 

No person shall be a senator who shall not have attained to the 
0 rfi f thirty years, and been nine years a citizen of the 

United States, and who shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. 

The Vice-President of the United States shall be president of 
President of the Senate, but shall have no vote, unless they be 
Senate equally divided. 

The Senate shall choose their other officers, and also a president 
Officers tejnpore^ in the absence of the Vice-President, or 

when he shall exercise the office of President of the 
United States. 

The Senate shall have the sole power to try all impeachments: 

When sitting for that purpose, they shall be on oath or affirmation. 

When the President of the United States is tried, the 

Trials of Chief-Justice shall preside: and no person shall be 
Impeachment .... , ^ , r 

convicted without the concurrence of two-thirds of 

the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
Judgment office of honor, trust, or profit under the United States; 
in Case of but the party convicted shall nevertheless be liable and 
Conviction subject to indictment, trial, judgment, and punishment, 
according to law. 


Section 4. Both Houses 

The times, places, and manner of holding elections for senators 
Manner of representatives shall be prescribed in each State by 

electing the Legislature thereof; but the Congress may at any 
Members time, by law, make or alter such regulations, except as 
to the places of choosing senators.- 

1 Governor. 

2 This is to prevent Congress from fixing the places of meeting of the state 
legislature. 


IV 


SCHOOL CIVICS 


The Congress shall assemble at least once in every year, and 
Meetings of meeting shall be on the first Monday in Decem- 

Congress ber, unless they shall by law appoint a different day. 


Rules 


Section 5. The Houses separately 

Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall con¬ 
stitute a quorum to do business; but a smaller number 
Organization adjourn from day to day, and may be authorized 

to compel the attendance of absent members, in such manner, and 
under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concur¬ 
rence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their 
judgment require secrecy, and the yeas and nays of 
Journal members of either house on any question shall, 

at the desire of one-fifth of those present, be entered on the 
journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more than three days. 
Adjournment other place than that in which the two 

houses shall be sitting. 


Section 6. Privileges and Disabilities of Members 


The senators and representatives shall receive a compensation ^ 

for their services, to be ascertained by law, and paid out of the 

treasury of the United States, They shall in all cases. 

Pay and except treason, felony, and breach of the peace, be 
Privileges of . ^ , . , . , ^ 

Members privileged from arrest during their attendance at the 

session of their respective houses, and in going to and 

returning from the same; and for any speech or debate in either 

house, they shall not be questioned in any other place. 

1 Seven thousand five hundred dollars a year and twenty cents for every mile 
of travel each way from their homes at each annual session. There is also an 
allowance of one hundred and twenty-five dollars for stationery and newspapers. 


CONSTITUTION OF THE UNITED STATES 


V 


No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of 
P h'b’f United States, which shall have been created, or 

on Members emoluments whereof shall have been increased, 

during such time; and no person holding any office 
under the United States shall be a member of either house during 
his continuance in office. 


Section 7. Method of passing Laws 

All bills for raising revenue shall originate in the House of 

^ _ Representatives; but the Senate may propose or con- 

Revenue Bills . , , , , ^ ^ 

cur with amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate shall, before it become a law, be presented to the 
President of the United States; if he approve, he shall 

becoi^eLaws return it, with his objec¬ 

tions, to that house in which it shall have originated, 
who shall enter the objections at large on their journal, and proceed 
to reconsider it. If after such reconsideration, two-thirds of that 
house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be recon¬ 
sidered, and if approved by two-thirds of that house, it shall become 
a law. But in all such cases the votes of both houses shall be deter¬ 
mined by yeas and nays, and the names of the persons voting for 
and against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the President within 
ten days (Sundays excepted) after it shall have been presented to 
him, the same shall be a law, in like manner as if he had signed 
it, unless the Congress by their adjournment prevent its return, in 
which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment) shall be presented to the 
Resolutions, pj-ggident of the United States; and before the same 
shall take effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules and limitations 
prescribed in the case of a bill. 


VI 


SCHOOL CIVICS 


Section 8. Powers granted to Congress 

The Congress shall have power: 

To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defense and 
Powers of general welfare of the United States; but all duties, 
imposts, and excises shall be uniform throughout 
the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes; 

To establish a uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts, by securing, 
for limited times, to authors and inventors the exclusive right to 
their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal,^ and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land and 
naval forces; 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections and repel invasions; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the States respectively 

1 Letters granted by the government to private citizens in time of war, author¬ 
izing them, under certain conditions, to capture the ships of the enemy. 


CONSTITUTION OF THE UNITED STATES vii 


the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever over 
such district (not exceeding ten miles square) as may, by cession 
of particular States, and the acceptance of Congress, become the 
seat of the government of the United States,^ and to exercise like 
authority over all places purchased by the consent of the Legis¬ 
lature of the State in which the same shall be, for the erection 
of forts, magazines, arsenals, dockyards, and other needful build¬ 
ings ; — And 

To make all laws which shall be necessary and proper for car- 
implied ry^^S execution the foregoing powers, and all 

Powers other powers vested by this Constitution in the gov¬ 
ernment of the United States, or in any department or officer 
thereof. 


Section 9. Powers forbidden to the United States 

The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall 
Absolute |3g prohibited by the Congress prior to the year 

^^ongress thousand eight hundred and eight, but a tax or 

duty may be imposed on such importation, not exceed¬ 
ing ten dollars for each person.^ 

The privilege of the writ of habeas corpus* shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder'* or ex-post-facto law^ shall be passed. 

No capitation or other direct tax shall be laid, unless in propor¬ 
tion to the census or enumeration herein before directed to be taken. 


1 The District of Columbia. 

2 This refers to the foreign slave trade. Persons” means "slaves.” In 1808 
Congress prohibited the importation of slaves. This clause is, of course, no 
longer in force. 

3 An official document requiring an accused person who is in prison awaiting 
trial to be brought into court to inquire whether he may be legally held. 

4 A special legislative act by which a person may be condemned to death or 
to outlawry or banishment without the opportunity of defending himself which 
he would have in a court of law. 

5 A law relating to the punishment of acts committed before the law was 
passed. 


SCHOOL CIVICS 


viii 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another; nor shall 
vessels bound to, or from, one State, be obliged to enter, clear, or 
pay duties in another. 

No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States: And 
no person holding any office of profit or trust under them, shall, 
without the consent of Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or 
foreign state. 


Section io. Powers forbidden to the States 


No State shall enter into any treaty, alliance, or confederation; 

grant letters of marque and reprisal; coin money; 
Absolute credit; make anything but gold and silver 

on the States ^ tender m payment of debts; pass any bill of 
attainder, ex-post-facto law, or law impairing the obliga¬ 
tion of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; 
and the net produce of all duties and imposts, laid 
on the States ^t^te on imports or exports, shall be for the 

use of the treasury of the United States; and all 
such laws shall be subject to the revision and control of the 
Congress. 

No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships-of-war, in time of peace, enter into 
any agreement or compact with another State, or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 


CONSTITUTION OF THE UNITED STATES ix 


ARTICLE 11 . EXECUTIVE DEPARTMENT 


Section i. President and Vice-President 


Term 


Electors 


The executive power shall be vested in a President of the 
United States of America. He shall hold his office 
during the term of four years, and, together with 
the Vice-President, chosen for the same term, be elected, as 
follows: 

Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole num¬ 
ber of senators and representatives to which the State 
may be entitled in the Congress: but no senator or 
representative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
Proceedings each; which list they shall sign and certify 

of Electors ^^d transmit sealed to the seat of the government 

and of of the United States, directed to the president of the 

Congress Senate. The president of the Senate shall, in the 

presence of the Senate and House of Representatives, open all 

the certificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on the 
list the said house shall, in like manner, choose the President. 
But in choosing the President, the votes shall be taken by States, 
the representation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from two-thirds 
of the States, and a majority of all the States shall be necessary 
to a choice. In every case, after the choice of the President, the 

1 This paragraph in brackets has been superseded by the Twelfth Amendment. 


X 


SCHOOL CIVICS 


person having the greatest number of votes of the electors shall 
be the Vice-President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by ballot 


the Vice-President.] 

The Congress may determine the time of choosing the electors, 
Time of which they shall give their votes; 

choosing which day shall be the same throughout the United 
Electors States.^ 

No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, 

Qualifications eligible to the office of President; neither shall 

of President i in ^ i 

any person be eligible to that office who shall not have 

attained to the age of thirty-five years, and been fourteen years 

resident within the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice- 
Vacancy President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability, both of the 
President and Vice-President, declaring what officer shall then act 
as President; and such officer shall act accordingly until the dis¬ 
ability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation^ which shall neither be increased nor diminished 
during the period for which he shall have been elected. 
Salary shall not receive within that period any other 

emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation: — "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of 
the United States, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of the United 
States.” 


Oath 


1 The electors are chosen on the Tuesday next after the first Monday in 
November, preceding the expiration of a presidential term. They vote (by Act 
of Congress of Feb. 3, 1887) on the second Monday in January following for 
President and Vice-President. The votes are counted, and declared in Congress 
on the second Wednesday of the following February. 

2 The President now receives seventy-five thousand dollars a year; the Vice- 
President, twelve thousand dollars. 


CONSTITUTION OF THE UNITED STATES 


XI 


Section 2. Powers of the President 


Reprieves 
and Pardons 


The President shall be commander-in-chief of the army and navy 
of the United States, and of the militia of the several States, when 
Military called into the actual service of the United States; he 

Powers jyjay require the opinion,* in writing, of the principal 

officer in each of the executive departments, upon 
any subject relating to the duties of their respective 
offices; and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases 
of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the 
advice and consent of the Senate shall appoint ambas¬ 
sadors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appoint¬ 
ments are not herein otherwise provided for, and which 
shall be established by law: but the Congress may by 
law vest the appointment of such inferior officers, as 
they think proper, in the President alone, in the courts of law, or in 
the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting 
commissions which shall expire at the end of their 
next session. 


Treaties 


Appoint¬ 

ments 


Fill 

Vacancies 


Section 3. Duties of the President 

He shall from time to time give to the Congress information ^ 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and 
Message expedient; he may, on extraordinary occasions, con¬ 
vene both houses, or either of them, and in case of disagreement 

1 The President gives this information by sending messages to Congress. 
Washington and John Adams read their messages to Congress. Jefferson, how¬ 
ever, sent a written message to Congress by his private secretary, and this 
custom continued until Wilson, who returned to the original plan of Washington 
and Adams. 


SCHOOL CIVICS 


Xll 


between them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; 
he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 


Convene 

Congress 


Section 4. Impeachment 

The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on im- 
OffiTeJs^^ peachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 


ARTICLE HI. JUDICIAL DEPARTMENT 
Section i. United States Courts 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, 
shall hold their offices during good behavior, and 
Judges shall, at stated times, receive for their services a com¬ 

pensation ' which shall not be diminished during their continuance 
in office. 


Courts 

established 


Section 2. Jurisdiction of United States Courts 

The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under 
Federal their authority; — to all cases affecting ambassadors. 
General other public ministers, and consuls; — to all cases of 
admiralty and maritime jurisdiction ; — to controversies 
to which the United States shall be a party; — to controversies 
between two or more States; — between a State and citizens of 
another State ; ^ — between citizens of different States; — between 


1 The Chief Justice of the Supreme Court receives an annual salary of ^15,000, 
while the associates receive $14,500 each. 

2 But compare the Eleventh Amendment. 


CONSTITUTION OF THE UNITED STATES xiii 


Supreme 

Court 


citizens of the same State claiming lands under grants of different 
States, and between a State, or the citizens thereof, and foreign 
states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all other 
cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, 
with such exceptions and under such regulations as the Congress 
shall make. 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said 
crimes shall have been committed; but when not 
committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 


Trials 


Section 3. Treason 

Treason against the United States shall consist only in levying 
Treason war against them, or in adhering to their enemies, 
defined giving them aid and comfort. 

No person shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on confession in 
open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work cor¬ 
ruption of blood, or forfeiture, except during the life 
of the person attainted. 


Punishment 


ARTICLE IV. RELATIONS OF THE STATES TO 
EACH OTHER 

Section i. Official Acts 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 


XIV 


SCHOOL CIVICS 


Section 2. Privileges of Citizens 

The citizens of each State shall be entitled to all privileges and 
immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another 
from^Tustice demand of the executive authority of 

the State from which he fled, be delivered up, to be 
removed to the State having jurisdiction of the crime. 

No person^ held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due. 


Fugitive 

Slaves 


Section 3. New States and Territories 

New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdiction 
of any other State; nor any State be formed by the 
junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States 
concerned as well as of the Congress. 

The Congress shall have power to dispose of and make all 
Territory needful rules and regulations respecting the territory 
and Property or other property belonging to the United States; 
of United and nothing in this Constitution shall be so construed 
States prejudice any claims of the United States, or of 

any particular State. 


Section 4. Protection of the States 

The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them 
against invasion, and on application of the Legislature, or of the 
Executive (when the Legislature cannot be convened) against 
domestic violence. 

1 " Person ” here includes slave. This was the basis of the Fugitive Slave 
Law. It is now superseded by the Thirteenth Amendment. 


CONSTITUTION OF THE UNITED STATES xv 


ARTICLE V. AMENDMENTS 


The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the Legislatures of two-thirds 
of the several States, shall call a convention for 
proposing amendments, which, in either case, shall 
be valid to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the one or 
the other mode of ratification may be proposed by 
the Congress; provided that no amendment which 
may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first article; and that no State, 
without its consent, shall be deprived of its equal suffrage in the 
Senate. 


How 

proposed 


How 

ratified 


ARTICLE VI. GENERAL PROVISIONS 


Public Debt 


All debts contracted, and engagements entered into, before the 
adoption of this Constitution, shall be as valid against 
the United States under this Constitution, as under 
the confederation. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or 
which shall be made, under the authority of the 
ConSTution^ United States, shall be the supreme law of the 
land; and the judges in every State shall be bound 
thereby, anything in the Constitution or laws of any State to the 
contrary notwithstanding. 

The senators and representatives before mentioned, and the mem¬ 
bers of the several State Legislatures, and all executive and judicial 
officers, both of the United States and of the several 
Official Oath bound by oath or affirmation to support 

Religious Constitution; but no religious test shall ever be 

required as a qualification to any office or public trust 
under the United States. 


XVI 


SCHOOL CIVICS 


ARTICLE VII. RATIFICATION OF THE 
CONSTITUTION 

The ratification of the Conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention, by the unanimous consent of the States 
present, the seventeenth day of September, in the year 
of our Lord one thousand seven hundred and eighty-seven, 
and of the independence of the United States of America 
the twelfth. 

In witness whereof, we have hereunto subscribed our names.^ 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 


NEW HAMPSHIRE 

John Langdon 
Nicholas Gilman 

MASSACHUSETTS 

Nathaniel Gorham 
Rufus King 

CONNECTICUT 

William .Samuel Johnson 
Roger Sherman 

NEW YORK 
Alexander Hamilton 

NEW JERSEY 

William Livingston 
David Brearley 
William Paterson 
Jonathan Dayton 


PENNSYLVANIA 

Benjamin Franklin 
Thomas Mifflin 
Robert Morris 
George Clymer 
Thomas Fitzsimons 
Jared Ingersoll 
James Wilson 
Gouverneur Morris 

DELAWARE 

George Read 
Gunning Bedford, Jr. 

John Dickinson 
Richard Bassett 
Jacob Broom 

MARYLAND 

James M’Henry 
Daniel of St. Thomas 
Jenifer 

Daniel Carroll 
A ttest; 


VIRGINIA 

John Blair 
James Madison, Jr. 

NORTH CAROLINA 

William Blount 
Richard Dobbs Spaight 
Hugh Williamson 

SOUTH CAROLINA 

John Rutledge 
Charles C. Pinckney 
Charles Pinckney 
Pierce Butler 

GEORGIA 

William Few 
Abraham Baldwin 


WILLIAM JACKSON, Secretary. 


1 There were sixty-five delegates chosen to the convention: ten did not 
attend; sixteen declined or failed to sign; thirty-nine signed. Rhode Island 
sent no delegates. 


CONSTITUTION OF THE UNITED STATES xvii 


AMENDMENTS 


Religion, 

Speech, 

Press, 

Assembly, 

Petition 


Militia 


Article I.i Congress shall make no law respecting an estab¬ 
lishment of religion, or prohibiting the free exercise 
thereof; or abridging the freedom of speech, or of 
the press; or the right of the people peaceably to 
assemble, and to petition the government for redress 
of grievances. 

Article II. A well-regulated militia being necessary to the 

security of a free State the right of the people to 

keep and bear arms shall not be infringed. 

Article III. No soldier shall, in time of peace, be quar- 

„ tered in any house, without the consent of the 

Soldiers . . . , . 

owner; nor in time of war but in a manner to be 

prescribed by law. 

Article IV. The right of the people to be secure in their per¬ 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall 
issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

Article V. No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or 

Criminal naval forces, or in the militia, when in actual service in 
Prosecutions . . i j 

time of war and public danger; nor shall any person 

be subject for the same offense to be twice put in jeopardy of life 
or limb; nor shall be compelled in any criminal case to be a witness 
against himself, nor to be deprived of life, liberty, or property, with¬ 
out due process of law; nor shall private property be taken for 
public use, without just compensation. 

Article VI. In all criminal prosecutions, the accused shall en¬ 
joy the right to a speedy and public trial, by an impartial jury of 


Unreasonable 
Searches 


1 These Amendments were proposed by Congress and ratified by the Legis¬ 
latures of the several States, pursuant to the fifth article of the Constitution. 
The first ten were offered in 1789 and adopted before the close of 1791. They 
were for the most part the work of Madison. They are frequently called the 
Bill of Rights, as their purpose is to guard more efficiently the rights of the 
people and of the States. 


XVlll 


SCHOOL CIVICS 


the State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

Article VII. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right 
Suits at Qf shall be preserved, and no fact 

Law tried by a jury shall be otherwise reexamined in 

any court of the United States than according to 
the rules of common law. 

Article VIII. Excessive bail shall not be required, nor exces- 
Bail, sive fines imposed, nor cruel and unusual punishments 

Punishments inflicted. 

Article IX. The enumeration in the Constitution of certain 

rights shall not be construed to deny or disparage 

Reserved others retained by the people. 

Rights and . 

Powers Article X. The powers not delegated to the 

United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respectively, or to the 
people. 

Article XI.^ The judicial power of the United States shall not 
Judicial construed to extend to any suit in law or equity. 

Power commenced or prosecuted against any of the United 

granted States by citizens of another State, or by citizens or 

subjects of any foreign state. 

Article XII.^ The electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same State with them¬ 
selves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President; and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, and 
of the number of votes for each, which list they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the president of the Senate;—the 


1 Proposed in 1794; adopted in 1798. 

2 Adopted in 1804. 


CONSTITUTION OF THE UNITED STATES xix 


Vice- 
President 


president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes 
shall then be counted; — the person having the greatest number 
Method of votes for President, shall be the President, if such 

electing number be a majority of the whole number of electors 

President and appointed; and if no person have such majority, 
then from the persons having the highest numbers 
not exceeding three on the list of those voted for 
as President, the House of Representatives shall choose immedi¬ 
ately, by ballot, the President. But in choosing the President, 
the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the States, and 
a majority of all the States shall be necessary to a choice. And 
if the House of Representatives shall not choose a President 
whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice-President 
shall act as President, as in the case of the death or other consti¬ 
tutional disability of the President. The person having the greatest 
number of votes as Vice-President, shall be the Vice-President, 
if such number be a majority of the whole number of electors 
appointed; and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the Vice- 
President; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the whole 
number shall be necessary to a choice. But no person constitu¬ 
tionally ineligible to the office of President shall be eligible to that 
of Vice-President of the United States. 

Article XHI.^ Section i. Neither slavery nor involuntary 
servitude, except as a punishment for crime, whereof 
Slavery party ^shall have been duly convicted, shall exist 

^ within the United States, or any place subject to 

their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV.^ Section /. All persons born or naturalized 
in the United States, and subject to the jurisdiction thereof, are 


1 Adopted in 1865. 

2 Adopted in 1868. 


XX 


SCHOOL CIVICS 


citizens of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge the priv¬ 
ileges or immunities of citizens of the United States; 
Chfzens State deprive any person of life, liberty, 

or property, without due process of law, nor deny to 
any person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the 
several States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the choice 
of electors for President and Vice-President of the United States, 
representatives in Congress, the executive or judicial officers of a 
State, or the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one years of 
age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of 
representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

Section j. No person shall be a senator or representative in 
Congress, or elector of President or Vice-President, or hold any 
office, civil or military, under the United States, or under any State, 
who having previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a member of any State 
Legislature, or as an executive or judicial officer of any State, to 
support the Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or comfort 
to the enemies thereof. But Congress may, by a vote of two-thirds 
of each house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any claim for 
the loss or emancipation of any slave; but all such debts, obliga¬ 
tions, and claims shall be held illegal and void. 

Section 5. Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 


CONSTITUTION OF THE UNITED STATES xxi 

Article XV.’^ Section j. The right of citizens of the United 
Negroes States to vote shall not be denied or abridged by the 
made Voters United States, or by any State, on account of race, 
color, or previous condition of servitude. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XVI.^ The Congress shall have power to lay and 

collect taxes on incomes, from whatever source derived. 
Income Tax ... ’ 

without apportionment among the several States, and 

without regard to any census or enumeration. 

Article XVII.^ The Senate of the United States shall be com¬ 
posed of two senators from each State, elected by the people thereof. 
Direct Vote for six years; and each senator shall have one vote, 
for Senators The electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislatures. 

When vacancies happen in the representation of any State in the 
Senate, the executive authority of such State shall issue writs of 
election to fill such vacancies: Provided^ That the Legislature of any 
State may empower the executive thereof to make temporary appoint¬ 
ments until the people fill the vacancies by election as the Legislature 
may direct. 

This amendment shall not be so construed as to affect the elec¬ 
tion or term of any senator chosen before it becomes valid as part 
of the Constitution. 

Note. The Seventeenth Amendment is in lieu of the first paragraph 
of section three of Article I of the Constitution of the United States, 
and in lieu of so much of the second paragraph of the same section 
as relates to the filling of vacancies. 

Article XVI 11 .® Sectio?i i. The manufacture, sale or transpor- 
Prohibiting tation of intoxicating liquors within, the importation 
the Manu- thereof into, or the exportation thereof from the United 

?a*le^of States and all territories subject to the jurisdiction 

Intoxicating thereof for beverage purposes is hereby prohibited. 
Beverages Sectio7i 2. The Congress and the several States shall have 
concurrent power to enforce this article by appropriate legislation. 


1 Adopted in 1870. 


2 Adopted in 1913. 


3 Adopted in 1919. 


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INDEX 


Ablest men not attracted by a 
career in Congress. Why.^ 167, 
168 

Absolute monarchy, 22 
Accessories, 345 
Administrator, 342 
Admiralty jurisdiction, 217 
Admission, to the country denied 
certain classes, 121; of new states, 
227, 228 

Affairs under Articles of Confeder¬ 
ation, condition of, 63, 64 
Agency, 337 

Agriculture, state department of, 
293; United States Department 
of (Bureau of Animal Industry, 
Bureau of Plant I ndustry, Weather 
Bureau), 208 

Alaska, government of, 136, 137 
Albany Congress, the, 49 
Aldermen, board of, 309 
Alien, 131 

Alien and Sedition Acts, 356 
Ambassadors, legates, and nuncios, 

374 

Amendment, necessary, 248 ; meth¬ 
ods, 248, 249 

Amendments, constitutional, 270; 
existing, 249; federal, classified, 
250-252 ; number of federal, pro¬ 
posed, 249; number of federal, 
passed, 249 

Amendments to federal constitu¬ 
tion : First to Tenth, 239-245; 
Eleventh, 218; Twelfth, 176; 
Thirteenth, 250 ; Fourteenth, 246, 
250; Fifteenth, 251; Sixteenth, 
112; Seventeenth, 103 
Anarchists, defined, 8; excluded 
from the United .States, 121 
Anarchy impracticable, 7 
Annapolis Convention, the, 67 


Antifederalist Party, 352 ; origin of, 
76 ; policies of, 353 
Anti-Trust law, 123 
Appointing power, of the president, 
186; of the Senate, 139, 141, 142 
Apportionment and collection of 
taxes, 288 

Appropriations, Congress limited in 
making, 144 
Appurtenances, 335 
Arbitration of international ques¬ 
tions, 376 

Aristocracy, early, 17, 18 
Aristotle, his classification of govern¬ 
ments, 16, 17 

Armies, 126; of other nations (foot¬ 
note), 127 

Army, the regular, 126 
Articles of Confederation, 57-62; 
character of government formed, 
59; delay in ratification, 58; 
defects of articles, 60 ; powers of 
the confederacy, 59 
Aryan peoples, 5 
Assembly, right of peaceable, 242 
Assessments, state, 287 
Assignment by tenant, 335 
Attainder, bills of, 145 
Attempts at union, 46-55 
Attorney-general, 197, 201 
Attorneys, federal district, 223 
Australian ballot, 277 
Authority, conflict of, 237 ; source 
of, changed by the Constitution, 
83 ; source of, is the people, 83 

Bail, 243 

Balance of power, 377 
Bank, United States, 355 
Bankruptcy laws, 124 
Banks, federal reserve, 255; rural 
credit, 256 


xxiii 


XXIV 


SCHOOL CIVICS 


]>arbarous nations, warfare with, 380 
lielligerents, 377 
Bigamy, 345 

Bill, of attainder, defined and pro¬ 
hibited, 145; of credit, 232; of 
exchange, 339 

Bill of Rights, the federal, first ten 
amendments, 239-245 
Bills, legislative, 139, 153, 158, 165 
Blockade defined, 381 
Bond, government, nature of, 117 
Borrowing, methods of, 117 
Bounties, land, 205 
Bureau, of Education, 206; of Indian 
Affairs, 206; of Patents, 207 ; of 
Pensions, 206 

Bryce, James, 236, 280 ; his opinion 
of Congress, 166; his opinion of 
the Constitution, 85, 86 

Cabinet, the, 194 ; character of, 194 ; 
nominations for, confirmed, 263; 
relation of, to president, 196; 
salary of members, 196; and the 
unwritten constitution, 263 
Canada, constitution of, 396 ; execu¬ 
tive, 398 ; judicial system, 398 ; 
legislative system, 397 
Candidates, method of choosing, 
273, 362; convention plan, 274; 
primary-election plan, 274 ; presi¬ 
dential, method of nominating, 360 
Canvassing votes, 276 
Capital, the national, 134 
Captures, 129; on the sea, 380 
Career in Congress, desirability of 
a, 167 

Caucus, the congressional, 164,165, 
360 

Caucus committee, 165 
Centralization in government, ad¬ 
vantages and disadvantages, 28 ; 
modern tendencies toward 
Interstate commerce. Parcel post. 
Postal savings bank. Promoting 
general welfare) 

Centralized city government, 310 
Challenging a voter, 275 
Chamber of the House of Repre¬ 
sentatives, 150 
Charges d’Affaires, 374 
Charter, the city, 309 


Charter government in the colonies, 

32 

Chattel mortgage, 336 
Check, 339, 340 
Child labor, 254 
Children’s Bureau, 210 
Chinese denied citizenship, 121 
Circuit courts of appeals, federal, 
222 

Citizen, defined, 131 ; political duty 
of, 366 

City government, 304-325 ; admin¬ 
istrative departments of, 312; 
Brooklyn charter, 310; city 
charter, 308; city legislature, 313 ; 
city manager, 324; centralized 
city government, 310; commis¬ 
sion government, 323 ; debts of, 
316; difficulties of, 306; executive 
department, 310; expenditures, 
316; extension of functions, 318 ; 
finances, income, 315; franchises, 
318; functions of, 308; general 
statement, 304; judicial depart¬ 
ment of, 314 ; lack of civic spirit, 
322 ; mismanagement, causes of, 
320; organization of, 309 ; owner¬ 
ship of utilities, 319; present 
practice, 318; powers of city legis¬ 
lature, 313; problems of, 315; 
rapid growth of cities, 304 ; recent 
changes in, 309; restrictions on 
city legislation, 314; state and 
national politics in, 320; trained 
officers needed, 325 
City management, 324 
Civics, its meaning, 13; its impor¬ 
tance, 14 
Civil law, 329 
Civil rights, ii 
Civil service, 366 
Civil-service commission, 211, 212 
Civil suit, procedure in, 346 
Claims, court of, 223 
Clan, formation of, 5, 6 
Clearance, 120, 121 
Closure of debate, 160 
Codicil, 334 
Coinage, power of, 118 
Collection and apportionment of 
state taxes, 288 

College, electoral, failure of the, 179 


INDEX 


XXV 


Colonial government, charter, 32 ; 
proprietary, 33; royal province, 
34 . 

Colonies, similarity of government 
in, 35; unifying and disintegrating 
forces in, 46, 47 

Colonies to states, change from, 35 
Combatants and noncombatants, 378 
Commerce, control of foreign, 120; 
department of, 209; interstate, 
control of, by commission, 122; 
regulation of, 119; restrictions 
upon Congress in regard to, 144 
Commission government, 323 
Commission merchant, 338 
Committee, power of, 157 
Committee system, the, 155; ad¬ 
vantages and disadvantages, 161 ; 
and the unwritten constitution, 
263 

Committees, of congress, 155-157; 
of correspondence, 52; legisla¬ 
tive, 155, 156; lower, 364; party 
caucus, 164; of political parties, 
national, 363 
Common law, 329 

Compensation, federal, for injured 
employees, 253 
Complaint in suit at law, 346 
Compromises of the Constitution, 
74 . 75 

Comptroller of currency, 255 
Compulsory education, 291 
Concurrent powers, 236 
Confederacy, the New England, 48, 
49 

Confederation, Articles of, 57-62 
Confederation defined, 20 
Congress, Albany, 49; First Conti¬ 
nental, 53 ; Second Continental, 
54 ; Stamp Act, 51 
Congress, United S.tates, adjourn¬ 
ment of, 107 ; apportionment of 
members, 90; basis of represen¬ 
tation, 88 ; closure of debate, 160 ; 
compared with Congress of Con¬ 
federation, 107 ; compared with 
rarliament,8i; concurrent powers, 
236; contrast between the Houses 
of, 166; desirability of a career 
in, 167; disabilities of members, 
105; elastic clause, 138; election 


to, expenses of, 96; election of 
senators, 101-103; gerrymander¬ 
ing, 95 ; house officers, and how 
chosen, 97, 98 ; limitations upon, 
143-146; members: election of, 
94; exclusion of, 93 ; length of 
term, 93 ; number of, 88 ; privi¬ 
leges of, 104; power of borrow¬ 
ing, 116, 117; power of coinage, 
118; power to establish courts, 
138; power to punish counter¬ 
feiting, 119; power to regulate 
commerce, 119-124; power of 
taxing. III; power to declare 
war, 125; powers, miscellaneous, 
130; powers, special, 139-143; 
procedure in, 107; quorum in, 
106; representatives in, qualifica¬ 
tions of, 92; representatives at 
large, 96; Senate, constitutional 
provisions for, 99 ; Senate, objects 
aimed at, 100; Senate, officers pf, 
103; Senate, origin*of, 98; ses¬ 
sions of Congress, 105; suffrage 
in, 91 ; two Houses, 88; vacan¬ 
cies, how filled, 96; voting in, 159 

Congressional caucus, 360 

Constituent functions of govern¬ 
ment, II, 12 

Constitution defined, 27 

Constitution, United States, amend¬ 
ment of, 248, 249; Bryce on, 85, 
86; compromises of, 74, 75; dif¬ 
ference between United States, 
and British constitution, 81 ; dif¬ 
ference between United States, 
and Confederate constitution, 82 ; 
elastic, or grandfather, clause of, 
138; government established 
under, 77 ; nature of government 
of, 79-86 ; origin of, 79 ; origin of 
special provisions, 79; ratifica¬ 
tion of, 75, 76; stability of, 85; 
struggle over ratification, 76; sug¬ 
gestions from states, 80; text of, 
Appendix, i-xxi 

Constitution, unwritten, 27 ; writ¬ 
ten, 26 

Constitutional Convention, the, 68 ; 
character of, 68 ; origin of, 67 ; 
plans submitted to, 73 ; task of, 
difficult, 71'; work of, 71 


xxvi 


SCHOOL CIVICS 


Constitution making, methods of, 
269 ; present process, 269 
Constitutional government, origin 
of, 25 

Constitutions, origin of state, 268; 

rigid and flexible, 27 
Constitutions, state, 268; amend¬ 
ments of, 270 ; contents of, 270, 
271 ; recent features of, 271 
Consular service, the, 374 
Continental Congress, 53-55 
Contraband of war, 382 
Contract, breach of, 332; law, theory 
and obligations of, 330-332, 384 
Contract theory of government, 3, 4 
Contracts, classified and defined, 
330; conditions governing, 331 
Contrast between the Senate and 
the House, 166 
Convention, Annapolis, 67 
Convention,and the presidency, 169; 
history of , nominating, 360; for 
nominating candidates perfected, 
361 ; plan of choosing candidates, 
^ 273, 274 

Copyright defined, 133 
Correspondence, committee of, 52 
Corruption of blood, 220 
Counterfeiting, 119 
County, adoption of, in America, 41 ; 
its importance, 301 ; in New Eng¬ 
land, 42, 299; origin of the, 40; 
in the South, 299 ; in Virginia, 41 
County-township system, county in 
the, 301 

Court, of appeals. New York State, 
salary of judges, 224; of general 
sessions in New York City, salary 
of judges, 224 
Court, Supreme, 220-221 
Courts, federal, 216; Circuit, of Ap¬ 
peals, 222 ; of Claims, 223 ; Dis¬ 
trict, 222; military, 129 
Courts, state, 285, 286; of appeals, 
286; county, 285 ; of justice, 285 ; 
special, 286; supreme, 285 
Courts-martial, 129 
Crimes, accessories, 345; against 
person, 344; against property, 
345 ; against public morals, 345; 
punishment of, 344 
Criminal law, 329 


Criminal suit, procedure in, 346, 347 
Criminals, fugitive, 231, 232 
Crops, right of tenant to, 335 
Cruel and unfair methods in war¬ 
fare forbidden, 379 
Customs duties, 112, 114 

Debate, closure of, 160 
Debt, the public, 246, 354 ; constitu¬ 
tional provisions concerning, 246; 
Hamilton on, 354, 355 
Decentralization in national govern¬ 
ment, its advantages and disad¬ 
vantages, 29 

Declaration of Independence, 58 
Deeds, 332 
Defendant, 346 
Delivery of property, 336 
Democracy, pure, 23; representa¬ 
tive, 24 

Democratic Party, origin of, 358 
Democratic Republicans, 356; de¬ 
velopment of, 352, 353 ; policies 
353; rise of, 356 
Democrats, rise of, 358 
Departments, executive. See Execu¬ 
tive departments 
Departments of government, 84 
Difficulties of municipal govern¬ 
ment, 307 

Diplomatic agents, 373, 374 
Direct election and the presidency 
proposed, 174, 179 
District attorneys, federal, 223 
District courts, 222 
District of Columbia, government 
of, I 3 f 135 

Diversities and uniformities among 
the states, 267 

Division of 'powers between state 
and nation, 235 
Divorce, 344 

Doctrine of national sovereignty, 

234. 

Domain, eminent, defined, 13 
Domestic violence, protection 
against, guaranteed, 230 
Dower, right of, 333 
Draft, negotiable paper, 339 
Drawer and drawee, 339 
Drup Act, Pure Food and, 252 
Duties, customs, 112, 114 


INDEX 


XXVll 


'Early state governments, 36 
Education, United States Bureau of, 
206; federal land grants for, 205; 
state, 289-291 ; compulsory, 291 ; 
grades of schools, 290; local ad¬ 
ministration of schools, 290; 
school system, 289; state adminis¬ 
tration of schools, 290 
Eighteenth Amendment, xxi 
Eighth Amendment, 243 
Eight-hour work day, 253 
Elastic clause, the, 138 
Election, 94, 276; by district, 95; 

at large, 95 ; of senators, loi 
Election of president, methods pro¬ 
posed in convention, 174 ; method 
chosen, 175 ; defects in, 176, 177 ; 
a more serious defect in, 180 ; dis¬ 
puted in 1876, 177 
Election expenses, 96 
Elections, and suffrage, 272; in 
states, 272 

Electoral college, failure of the, 179 
Electoral commission of 1876, 177 
Electors, time and method of choos¬ 
ing, 178; discretionary power of, 
179, 260 

Eleventh Amendment, 218, 219 
Embargo defined, 376 
Embezzlement, 345 
Eminent domain, 13 
Employees, federal protection of, 
253; interstate companies, 253 
England, cabinet, 389; constitution 
of, 387 ; executive system, 388; 
judicial system, 390; legislative 
system, 388; salary of king, 
174; woman suffrage, 388 
Entry of vessels, 120, 121 
Era of good feeling, 357, 358 
Estates defined, 330 
Eviction, 334 
Excises, 115 

Executive, federal. See President, 
Presidency, Executive depart¬ 
ments 

Executive, the state, character of, 

282 ; officers, election, terms, and 
qualifications of, 284; governor, 

283 ; governor’s colleagues, 283 
Executive department, municipal, 

310 


Executive departments: Agricul¬ 
ture, 208 ; Commerce, 209 ; his¬ 
tory of, 197 ; Interior, 204-208; 
Justice, 201; Labor, 210; Navy, 
202; organization, 197; Post- 
Office, 201 ; State, 198; Treasury, 
199; War, 200 

Executive power not perfect, 189 
Executive powers of the Senate, 141 
Executor, 334 

Exemptions from taxation, state, 287 
Expansion, national, 267 
Expediting business, necessity for, 
165 

Ex post facto laws defined, 145 
Extradition, 231, 232 

Family, matriarchal, 5 (footnote) ; 
patriarchal, 5 

Federal Board for Vocational Edu¬ 
cation, 212 

Federal courts, 216; circuit courts 
of appeals, 222 ; court of claims, 
223; customs appeals, 223; dis¬ 
trict courts, 222, 223 ; jurisdiction 
of, 217-219; procedure in, 224; 
supreme courts, 220, 221 
Federal government, restrictions 
upon, 239 

Federal inspection of food products, 
252, 253 

Federal judiciary, 214-216 
P'ederal Reserve Act, 255 
Federal Reserve Board, 255; salary 
of, 255 

Federal state defined, 21 
Federal Trade Commission, 211 
" Federalist,” 77, 141 (footnote), 352 
Federalist Party, disappears, 357; 
origin of, 76; policies of, 353; 
supremacy of, 354 ; views of, 352 
Federalists’ supremacy, the, 354 
h'eeling between the states under 
Articles of Confederation, 63, 64 
Fifteenth Amendment, 251 
Fifth Amendment, 243 
Filibustering, 159 ; restraints of, 160 
Finances, city, 315, 316; national, 
199, 200; state, 287-289 
hfines, excessive, forbidden, 243 
First Amendment, 240 
First Continental Congress, 53 


SCHOOL CIVICS 


xxviii 

Force in contract, 331 
Force theory of government, 4 
Foreclosure, 333 
Foreign commerce, 120 
Forged papers, 341 
Fourteenth Amendment, 250 
Fourth Amendment, 242 
France, constitution of, 394; execu- 
li/e, 395 ; government of, defined, 
394; judicial system, 396; legis¬ 
lature, 394; president’s salary, 174 
Franchises, 318 

Franklin, Benjamin, influence in 
constitutional convention, 70; 
plan for confederation, 70; plan 
of union, 50 

Free traders defined, 11 5 
Fugitive criminals, 231, 232 
Functions of government, city, 308 
Fundamental orders of Connecti¬ 
cut, 26 

Garfield, James A., 294 
General welfare,” ” to promote the, 
252 

Geological survey, 207 
Germany, constitutional monarchy, 
390-392 ; executive, 392 ; judicial 
system, 393 ; legislature, 392 ; 
local government in, 393 
Gerrymandering, 95 
(•ift, 333 

Gladstone, William E., his opinion 
of the Constitution, 79 
Government, aristocracy, 17, 18; 
Aristotle’s classification of, 16, 
17; best form of, 27; centraliza¬ 
tion, 28; city, 304-325; constitu¬ 
tional, 25; contract theory of, 3, 
4 ; decentralization, 29 ; defined, 
C, 7; democracy, pure, 23; de¬ 
mocracy, representative, 24 ; de¬ 
partments of, 84 ; divine-right 
theory of, 3; federal, inherent 
powers of, 259; force theory of, 
4; kinship theory of, 5; local- 
colonial, 37-44 ; local-mixed, 44 ; 
local types of, 296, 297 ; neces¬ 
sary, 8 ; object ©f, 9 ; oligarchy, 
17; original law-giver theory, 3; 
party, 264 ; republican form guar¬ 
anteed, 228; restraints of, 6, 7 ; 


rural, 296-302 ; state, importance 
of, 294; tribal, 18; village, 314, 

315 

Governments, colonial. See Colonial 
governments 

Governments, state. See State gov¬ 
ernments 

Governor, of state, 283 ; colleagues 
of, 283, 284 

Grandfather clause in the Constitu¬ 
tion, 138 
Grand jury, 243 
Grand larceny, 345 
Great statesmen and the presidency, 
188 

Guaranties, classes of, 240 ; general, 
244 ; to states, 228-230 
Guardian, 331 

Habeas corpus, 145 
Hamilton, Alexander, 146, 355; 

financial measures of, 354, 355 ; 
influence of, in the Constitutional 
Convention, 69, 77 
Hartford Convention, the, 357 
Hawaii, government of, 136, 137 
Homicide, 345 

House bill, stages of, in becoming a 
law, 153 

House of Representatives, adjourn¬ 
ment, 107 ; chamber of, 1 50; choice 
of officers, 97, 98 ; election of, 94 ; 
election expenses 0^96; exclusion 
of members, 93; impeachment, 
140; length of term, 93 ; national 
idea, 88; organization, 97, 98; 
presidential election, 140; privi¬ 
leges of, 104; procedure in, 107 ; 
qualifications of members, 92; 
quorum, 106; representatives at 
large, 96; revenue bills, 139; ses¬ 
sions, 105 ; special powers of, 139, 
140; suffrage in, 91 ; vacancies, 
how filled, 96 
Hundred, the 42 

Husband and wife, relations of, 343 

Immigration, Bureau of, 210; regu¬ 
lation of, 121, 122 

Impeachment, power of, 140; pro¬ 
cedure in, 142, 143 
Indian Affairs, Bureau of, 206 


INDEX 


XXIX 


Indians, commerce with, 120; rela¬ 
tion to United States, 206 
Indictment, 243 
Indirect taxes, duties, 112 
Individual rights, how secured, 10; 
municipal law and, 328; subject 
to change, 10 

Indorsement, kinds of, 340; liabili¬ 
ties of, 341 
Initiative, 291, 323 
Intercourse between nations, 373 ; 
consular service, 374 ; diplomatic 
agents, 373 

Interior, United States Department 
of (education, Indian affairs, land 
grants, land office, national parks, 
patents, pensions, surveys), 204- 
208 

Internal revenue, 115 
International arbitration, 376 
International law, 369-386; block¬ 
ade, 381 ; captures on the sea, 
380; combatants, 378 ; compared 
with municipal law, 370; defined, 
369 ; intercourse defined, 373 ; 
intervention, 383 ; jurisdiction of, 
372; mediation, 383; neutrals, 
381, 382; noncombatants, 378; 
origin of, 369 ; privateering, 380 ; 
recognition, 371; siege, 379 ; sov¬ 
ereignty, 37 I ; treaties, 375; truce, 

■ 379; war, 377 
International peace, 384 
Interstate commerce, control of, 
122 

Interstate-Commerce Act and Com¬ 
mission, 122, 123 
Intervention in war defined, 383 
Intestacy,>342 

Invasion, protection against, guar¬ 
anteed to the states, 230 

Jefferson, Thomas, 356 
Judges, the federal, 216-217; state, 
286 

Judicial department, city, 314; fed¬ 
eral, 214-225; state, 285, 286 
Judicial powers of the Senate, 142 
Judicial system, defects of the fed¬ 
eral, 224 ; excellences of the fed¬ 
eral, 225; need of, 214. S^e 
Courts, federal 


Judiciary, the state: judges, qualifi¬ 
cations and term of office, 286; 
special courts, 286; system of 
courts, 285 

Jurisdiction, of federal courts, 217- 
219; of international law, 372; of 
state courts, 285, 286 
Jury, trial by, 243 
Justice, department of, 201 
Justices of the peace, 285 

Kinship theory of government, 5 

Landlord and tenant, 334 
I.and office, the, 204; land grants, 
205 ; system of surveys, 205 
Larceny, 345 

Law, civil, 329; common, 329; 
criminal, 329; international, 369 s 
municipal, 328; nature, 4; stat¬ 
ute, 329. See International law 
Laws, naturalization, 131, 132 
Lease, 334 
Legacy, 342 
Legal-tender acts, 117 
Legislation, methods of, 152 
Legislature, city, 313; state: lower 
house, 278; organization, 276; 
procedure in, 279; restrictions 
on powers of, 279; sessions of, 
278; special powers of houses, 
280; United States legislature 
{see Congress) 

Letters of marque and reprisal de¬ 
fined, 129 

Libel and slander, 342 
Liberty, the. right of personal, 240 
Licenses required of chauffeurs, en¬ 
gineers, pilots, etc., 292 
Liens, 337 

Lieutenant governor, 283-285 
Limitations of state powers, adso- 
liiteyn matters relating to money, 
foreign affairs, and ‘ personal 
liberty, 232, 233 ; provisional, 233, 

234 

Limitations upon Congress, 143- 
146 

Limited monarchy, 23 
Local government in the colonies, 
county, 40-42; hundred, 42; 
manor, 42 ; New England town, 


XXX 


SCHOOL CIVICS 


38 ; parish, 38 ; town, 37 ; town 
meeting, 39 
Logrolling, 158 

Madison, James, influence in Con¬ 
stitutional Convention, 69, 73, 77 
Maine, Sir Henry, opinion of the 
Constitution, 79 
Majority defined, 276 
Manor, the, 42. 

Marque and reprisal, 129 
Marshals, federal, 223 
Matriarchal family, 5 (footnote) 
Mayor, 310 

Mediation in war defined, 383 
Members of House and Senate, 
character of, compared, 151; dis¬ 
abilities and privileges, 104, 105 
Message, of the governor, 283; of 
the president, 183 
Methods of nominating candidates 
for office, 360 

Methods of voting in Congress, 159 
Military law and courts, 129 
Military property, 130 
Militia, 127, 128 

Ministers, plenipotentiary, envoys, 
374 ; resident, 374 
Ministrant functions of government, 
II, 12 
Minor, 331 

Mixed system of local government, 

44 

Monarchy, absolute, 22 ; limited, 23 
Money, its history, 117; United 
States, 118 

Money-orderand registry system, 202 

Monroe, James, 357 

Mortgages, 332 

Municipal debts, 316 

Municipal functions, extension of. 

Municipal government. See City 
government * 

Municipal law, 328-348 
Municipal mismanagement, causes 
of: defective organization, 320; 
lack of civic spirit, 322 ; state and 
national politics, 320 
Municipal ownership, 319 
Municipal reform, 323-325 
Murder, 345 


National capital, the, 134 
National expansion, 267 
National governments compared, 
387-401 

National Republicans, rise of, 358 
National sovereignty, doctrine of, 

234 

Nationality, growth of, 82 
Naturalization, defined, 130; denied 
to Chinese and certain other 
classes, 121 ; laws of, 131 
Naturalization, Bureau of, 210 
Nature, law of, 4 
Navigation laws, 121 
Navy, the, 128; Department of the, 
202 ; compared with that of Great 
Britain, 128 

Negotiable paper, forms of, 338- 
440 ; use of, 340 

Neutrals, duties of, 382 ; property 
of, 382 ; rights of, 381 
New England, county in, 42 
New England Confederacy, the, 48, 
49 

New states, admission of, 227 ; fugi¬ 
tive criminals, 231 ; guaranties 
to states: protection against 
domestic violence, 228-230 ; pro¬ 
tection against invasion, 230; re¬ 
publican form of government, 
228 ; limitations of state powers, 
232-237 ; methods of admission, 
228 ; obligations upon new states, 
public records respected, 231 ; 
privileges of citizens, 231 
Ninth Amendment, 244 
Nobility, titles of, prohibited, 146 
Nominating convention, the, 360 
Northwest Territory, the, 135, 204, 
227 

Notes, treasury, nature of, 117; 
federal reserve, 119 

Object of government, 9 
Obligation of the states, as to fugitive 
criminals, 231 ; as to privileges of 
citizens, 231 ; as to public records, 

23* 

Ochlocracy, 17 
Oligarchy, 17, 18 

Ordinance of city, 313; of 1787, 
227 


INDEX 


XXXI 


Organization of political parties, 
necessity for, 365 

Origin, of federal constitution, 79 ; 

of state constitutions, 268 
Original lawgiver, 3 
Original and inherent powers, 259 

Pan-American Union, 212 
Paper, negotiable. See Negotiable 
paper 

Parcel post, 202 

Parent and child, relations of, 342 
Parish, the, 38; in England, 43; 

origin of, 38 ; in Virginia, 43 
Parliament compared with Con¬ 
gress, 81 

Parties, early, in the United States, 
76, 351 ; history of, 359; impor¬ 
tance of, 351 ; necessity of, 365, 
366; work of, 359 
Partnership, 338 

Party caucus, the, in Congress, 
164 

Party committees, national, 363; 

state and local, 364 
Party convention, history of, 360; 
national, 360, 361 ; organization 
and work of, 361 ; state and local, 
362, 364 

Party differences, 362 
Party government and the unwritten 
constitution, 264 
Party platform, 361 
Patents, defined, 133; Bureau of, 
207 

Patriarchal family, the, 5 
Patriarchy defined, 18 
Payee, 339 
Pension Bureau, 206 
People of the United States the 
source of authority, 83 
Peoples, Aryan, 5 
I’eriod of transition in parties, 357 
I^ersonal liberty, the right of, 240 
Personal property, 335 
Personal security: libel and slander, 
242, 342 

Petty larceny, 345 
Piracy defined, 124 
Plaintiff, 346 
Pleadings, 347 
Plurality, 276 


Political parties, committees of, 
363, 364; necessity of, 365; or¬ 
ganization of, 365 ; since 1880, 
359 ; work of, 359 
Political rights, 10 
Polygamy, 345 ; polygamists denied 
citizenship, 121 

Pooling defined (footnote), 123 
Porto Rico, government of, 136, 137 
Ports of entry, 120, 121 
Posse comital2ts, 302 
Postal savings banks, 202 
Postal service, extent and cost of, 
132 

Post-office money order, 202 
Power to borrow, the, 116 
Powers, classes of, 236 ; concurrent, 
236; conflict of, 237 ; division of, 
between federal and state govern¬ 
ments, 235 ; original and inherent, 
259 ; reserved, 235 
Presentment, 243 

Presidency, convention and the, 
169; defects of, 189; election to, 
173; qualifications, 172; reeligi¬ 
bility for, 173; salary, 173 
President, appointing power, 186; 
cabinet nominations, 196; execu¬ 
tive power, 182; executive power 
not perfect, 189; extra session, 
calling of, 185; great statesmen 
and the presidency, 188 ; judi¬ 
ciary power, 182, 183; legislative 
power, 183; life of, 187; method 
of election, 174-181 ; power of re¬ 
moval, custom and the, 261 ; re¬ 
eligibility of, 173; relations of 
cabinet to, 196; salary, .'73; 
Senate and the nomination, 263 ; 
term of, 173; treaty-making 
power, 186; veto, 183-185 
Presidential election by House of 
Representatives, 176 
Presidential electors, choice of, 176; 
discretionary power of, 180; party 
agents, 259-261 
Presidential primaries, 181 
Presidential succession, 181 
Presidents, character of, 188, 189 
Press, freedom of the, 242 
'' Previous question,” the, 160 
Primary, the, its importance, 364 


XXXll 


SCHOOL CIVICS 


Primary election, 362 
Primary-election plan of choosing 
candidates, 273, 274 
Primitive man social, i 
Primitive societies, 2 
Principal and agent, 337 
Private property, the right of, 244, 

329 

Privateering, 129, 380 
Prize, 380 

Probate courts, 286 
I’rocedure, in civil suits, 346; in 
criminal suits, 347; in impeach¬ 
ment cases, 142, 143 
Promissory note, 339 
Property, defined, 329 ; lease, 334; 
liability to capture, 380 ; military, 
130; personal, 335; real, 332; 
right of private, 244, 329; stolen, 
336; transfer of personal, by gift 
and will, 341 ; transfer of real, by 
deeds and mortgages, 332, 333; 
of wife, 343 

Proprietary government in the col¬ 
onies, 33 

Protection, policy of, defined, 115 
Public acts, records, etc. of states, 
231 

Public debt, the, 246, 354 ; constitu¬ 
tional provision concerning the, 
246; Hamilton on the, 354, 355 
Public-service commission, 293 
Public-welfare laws, state, 292 
Punishments, excessive, forbidden, 

243 

Pure hood and Drugs Act, 252 
Pure-food laws, state, 294 

Qualifications for the presidency, 
172 

Railroads, safety devices on, 254 
Rapid growth of cities, 304 
Ratification, 75, 248; of Articles of 
Confederation, 58 
Real property, deeds, and mort¬ 
gages, 332 
Recall, 323 

Recognition, by the Speaker in the 
II ouse of Representatives, 163; 
of one nation by other nations, 
371 ; of states, 371, 372 


Recording of deeds, 332, 333 
Reeligibility of the president, 261 
Referendum, 291, 323 
Reform, municipal, 323-325 
Registration of vessels, 121 ; of 
voters, 273 

Relation between the states and the 
Union, 83 

Religion, freedom of, 240 
Removal, president’s power of, 261 
Representation, principle of, 24 
Representative democracy, 24 
Representatives, election, 96; quali¬ 
fications, 92 ; salary, 105 ; term, 
93 ; at large, 96 

Representatives, House of. See 
House of Representatives 
Reprisal defined, 376 
Republican form of government 
guaranteed to states, 228-230 
Republican Party, origin of, 358; 

rise of, 358 
Requisition, 232 
Reserve powers, 235 
Restraints of government, 6, 7 
Restrictions on the veto, 184 
Retorsion defined, 376 
Revenue bills, origin of, 139 
Revenue, federal, for 1914 (foot¬ 
note), 115; internal, 115; tariff 
on imports, 114 
Revolution, when justified, 10 
Riders on bills, 184 
Right of private property, 244, 341 
Rights, civil, ii; individual: classi¬ 
fication of, TO, 11; subject to 
change, 10; political, 10 
Robbery, 345 

Roosevelt, Theodore, 261, 359 
Royal province, the, in the colonies. 

Rules, committee on, in Congress, 
164 

Rural Credit Act, 256 

Rural free delivery of mail, 202 

Rural government, 296-302 

Safety appliances, to safeguard 
machinery used by federal em¬ 
ployees, 253; on interstate rail¬ 
roads, 254 

Safety devices required, 292 


INDEX 


xxxiii 


Salary, of cabinet officers, 196; of 
federal judges, 221,223; of federal 
reserve board, 255; of president, 
174; of representatives, 105; of 
rural credit board, 256; of sena¬ 
tors, 105; of Speaker, 105; of 
vice president, 190 
Sale, 335 

Sanitary requirements in stores, fac¬ 
tories, etc., 292 

Schools, administration of, 2S9-291. 

See also Education 
Search, right of, 244, 382 
Secession, right of, 84 
Second Amendment, 242 
Second Continental Congress, 54 
Senate, the, adjournment of, 107; 
chamber of, i 50 ; confirmation of 
certain presidential appointments, 
141 ; constitutional provision for, 
99; disabilities of members, 105; 
election of members, 101-103; 
executive powers, 141 ; the fed¬ 
eral idea, 88; judicial powers, 
142; objects aimed at, 100; offi¬ 
cers of, 103 ; origin of, 98 ; privi¬ 
leges of, 104; sessions of, 105; 
special powers of, 141-143 ; treaty¬ 
making power, 142 
Senate chamber, the, 150 
Senatorial courtesy and the un¬ 
written constitution, 264, 265 
Senators, election, 101-103; num¬ 
ber of, 91; qualifications, 100; 
salary, 105; term, 100 
Seventeenth Amendment, 103 
Sherman Anti-Trust Law, 123 
Shire, English, 40 
Siege defined, 379 
Silver, free coinage of, 359 
Sixteenth Amendment, 112 
Sixth Amendment, 243 
Slander and libel, 342 
Slave trade, 75 
Slavery question, the, 358 
Societies, primitive, 2 
Society defined, i 

Southern county, subdivisions of 
the, 299 

Sovereignty, defined, 19; doctrine 
of national, 234 ; doctrine of state, 
235 ; of nations, 371 


Speaker, the, 162; recognition by, 
163; salary of, 105; sources of 
power of, 163 
Speech, freedom of, 242 
Special powers of Congress, 139- 

143 

Stamp Act Congress, 51, 52 
State, ancient city-, 18 ; definition of, 
2; federal, 21 ; origin of, i ; the¬ 
ories of origin (contract, divine- 
right, force, kinship, original-law- 
giver), 3-5; unitary, 20 
State assessments, 287 
State collection, 288 
State constitutions, amendment of, 
270; contents of, 270, 271 ; exist¬ 
ing, 271 ; historical changes, 270 ; 
origin of, 268 
.State exemptions, 287 
.State finances, 287-289 
State government, importance of, 
294 ; early forms, 36 
.State governments, 272 ; elections, 
272, 276; legislatures, 276-280 
State powers, division of, 235, 
236 

State restrictions, 288 
State taxes, 287 

States, diversities and uniformities 
among the, 267 
Statute law, 329 
" Straight ticket,” 275 
Subpoena, 347 

Succession, presidential, 181 
Suffrage and elections, in the nation, 
91, 94 ; in states, 272 
.Summons, 346 

Supreme court, state, 285 ; United 
States, its jurisdiction, 220, 221 ; 
United States, sessions of, 221 
Survey of public lands, geological, 
207 

Switzerland, constitution of, 399; 
executive, 399; judicial system, 
400 

Tariff, the, defined, 114 
Taxation, restrictions upon Con¬ 
gress, 143 

Taxes, classification of, 111 ; collec¬ 
tion of, ri5; indirect, 112; state, 
287 


XXXIV 


SCHOOL CIVICS 


Taxing power, of Congress, in; 
necessity for, 12 ; restrictions on, 
143; restrictions on the states, 
288 

Tenants, rights and duties of, 334 
Tenth Amendment, 244 
Term of the president, 173 
Territories, government of, 135; 
new classification of, 137 ; organ¬ 
ized and unorganized, 136 
Territory, Northwest, 135, 204, 227 ; 
acquisition of, by United States, 
204 

Testator, 334 
Theocracy defined, 18 
Theories concerning origin of the 
state, 2-6 

Thirteenth Amendment, 250 
Titles, of nobility prohibited, 146; 

transfer of, 336 
Tonnage, 234 
Topics for discussion, 193 
Town, in New England, 38; origin 
of the, 37 

Town meeting, the, 39 
Town officers, 298 
Town system, 297 
Township-county system, the, 300 
Trained officials for public service, 

325 

Transfer of cases from state courts, 
219 

Treason, 220 

Treasurer of the United States, 199 
Treasury, Department of the, 199 
Treasury notes, nature of, 117 
Treaties, 375, 384 
Tribal government, 18 
Tribe, formation of the, 6 
Truce defined, 379 
Trusts, defined, 123; regulation of, 
123 

Twelfth Amendment, 176 

Union, its relation to the states, 83, 
84 

Unitary state, the, 20 
United colonies of New England, 
48, 49 


United States bank, question of, 355 
United States Shipping Board, 212 
Unwritten constitution, the, 258-266 

Vacancies in Congress, 96 
Verdict, 347 

Vessels, clear and enter, 120 
Veto, of governor, 283; of presi¬ 
dent, 183-185 

Vice president, 190; his salary, 190 
Village, the, 314 
Virginia, county in, 41 
Vocational Education, Federal 
Board for, 212 
Votes, canvassing of, 276 
Voting, 275; Australian system, 277; 
illegal, 276; in Congress, method 

of, 159 

War: blockade, 381; captures on 
the sea, 380 ; combatants and non- 
combatants, 378, 379; cruel and 
unfair methods forbidden, 379; 
declaration of, 126; defined, 377 ; 
effect upon the subjects of the 
enemy, 377 ; intervention, 383 ; 
just causes of, 377; mediation, 
383 ; privateering, 380; rights of 
neutrals, 381 ; siege, 379; truce, 
379 ; with barbarous nations, 380 
War Department, 200, 201 
War powers of Congress, 125 
Warfare, forbidden methods of, 379 ; 

with barbarous nations, 380 
Warrant, 346 

Washington, George, 356; his influ¬ 
ence in the Constitutional Con¬ 
vention, 68 

Weather Bureau, the, 208 * 
Weights and measures, 124 
Whig Party, the, 358 
Why are not our ablest men found 
in Congress, 167 
Widows’ pensions, 292 
Will, 333 

Woman suffrage, 272 
Workmen’s compensation laws, 
state, 292 


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SCHOOL CIVICS 

(Revised Edition) 

By Frank David Boynton, Superintendent of Schools, Ithaca, N.Y. 


i2mo, cloth, xxiv + 401 + xxxiv pages, illustrated, ^1.36 


The revision of this standard textbook brings the text fully 
up to date. It includes discussions of the initiative and refer¬ 
endum, commission government and the city manager, direct 
election of United States senators, presidential primaries, the 
Federal Trade Commission, federal reserve banks, reorganiza¬ 
tion of cabinet departments, army reorganization, welfare legis¬ 
lation, the Sixteenth and Seventeenth amendments, and a study 
of the tendencies that make for further orderly changes in our 
form of government. In the new edition the author has made 
use of suggestions from teachers in nearly every state of the 
Union who have used the first edition, so that the book is now 
better than ever adapted to the needs of the classroom. 

" School Civics ” gives a clear, simple, and interesting study 
of the machinery of our government. The story is told, as it 
was made, historically. The text presents both the theory of 
our political institutions and their actual working, and covers 
not only the written Constitution but the equally vital unwritten 
principles. The material is constantly brought into relation with 
the experience of the high-school pupil. 

Each chapter is followed by a carefully selected bibliography 
and by a series of questions, many of which introduce present- 
day problems as matters for debate. 

182 

GINN AND COMPANY Publishers 








”THE BOOK THAT MAKES AMERICANS” 


MY COUNTRY 

By Grace A. Turkington 
i2mo, cloth, 381 pages, illustrated, 96 cents 


Insistence upon devoted, intelligent, constructive citizenship is one 
lesson the war brings to a nation too long careless. The magnificent 
national response to the challenge of war shows a spirit generous, 
eager, and apt to learn. 

'' My Country” teaches children of all the races who make their home 
in America just what it means to be an American. It discloses the rights, 
advantages, opportunities, responsibilities, and obligations of American 
citizenship. It tells not too much, but exactly what every boy and girl 
ought to know, of America’s laws, government, finance, and military in¬ 
stitutions. All this and more the author has put into a book which she 
realizes will be the only study of patriotism and civics that many a boy 
and girl will ever read. The volume has therefore been most thought¬ 
fully prepared to include exactly the essentials for making an American. 

But "the book that makes Americans” is no ordinary textbook. Open 
the book at random. You will find that almost every page has the power 
of swift narrative. In fact, many of the chief points are emphasized by 
brief, illustrative stories. In language the book has an almost primitive 
simplicity, as delightful to grown-ups as to children. The illustrations 
might have been written into the manuscript, they are so completely a 
part of the book. N. C. Wyeth’s colored frontispiece appeals straight 
to the highest ideal of every American. The chapter titles are: 


America — What is it? 

The People of America 
America and Liberty 
America — its Language 
Making an American 
The Children’s Age 
Why we have Schools 
Making the United States 
Safe for Children 
How Things come About 
Representative Government 
The President and his 
Assistants 

. c 


Rules, Regulations, and Laws 
The People govern Themselves 
BY Means of Laws 
Paying the People’s Bills 
An Enemy of the United 
States 

Efficiency — Thrift 
Efficiency — Health 
How America has helped 
Oppressed Nations 
War — What is it? 

The Army and the Navy 
Our Flag 



GINN AND COMPANY Publishers 






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